Legal Opinion

Mutual Assurance Society v. Stanard

Supreme Court of Virginia

Decided December 4, 1815PublishedCited by 10 opinions

THE Mutual Assurance Society against fire on buildings, in the state of Virginia, filed a bill in the Superior Court of „ _ ' . Chancery for the Richmond District, against Larkin Stanard, and Beverley C. Stanard and Robert S. Chew, trustees in a v deed executed by the said Larkin9 for the benefit of sundry creditors of his, who were also made defendants.

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THE Mutual Assurance Society against fire on buildings, in the state of Virginia, filed a bill in the Superior Court of „ _ ' . Chancery for the Richmond District, against Larkin Stanard, and Beverley C. Stanard and Robert S. Chew, trustees in a v deed executed by the said Larkin9 for the benefit of sundry creditors of his, who were also made defendants. The object of the bill was to obtain satisfaction of a judg- . ment, rendered by the District Court of Fredericksburg, in favour of the complainants, against the defendant, Larkin Stanard, at Afiril term, viz. on the 6th of May 1808, by…

1Opinion of the Court

Judge Roane

pronounced the court’s opinion, as follows :

The court is of opinion, that, as it appears in evidence, in this cause, that the deed of trust in the proceedings mentioned, was executed on or after the first day of the term in which the appellants’ judgment was obtained, and as that judgment relates to the said first day, inclusively, the said deed of trust could not vacate or affect the lien on the land created by the judgment; that, consequently, it was incompetent to exclude the claim of the appellants upon the land thereby conveyed ; and that the right of the trustees under the…

2Cited by10 opinions

  1. Burton v. SmithSupreme Court of the United States · 1839
  2. Dunn's Ex'rs v. RenickWest Virginia Supreme Court · 1895
  3. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
  4. Skipwith's ex'or v. CunninghamSupreme Court of Virginia · 1837
  5. Cresap v. CresapWest Virginia Supreme Court · 1904

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