Bowie v. Poor School Society of Westmoreland
Supreme Court of Virginia
This was a bill by Walter Bowie, filed in May, 1876, to-enjoin the sale of a tract of land called Eaton Point, in the county of Westmoreland, under a deed of trust executed the 12th day of June, 1841, and recorded the 24th, by which Eobert Murphy and Eliza E., his wife, conveyed to-William Hutt the said land in trust to secure the sum of $1,543.34, which the said Murphy had borrowed from the Westmoreland Poor School Society, a body incorporated in 1813. The bill charges that…
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This was a bill by Walter Bowie, filed in May, 1876, to-enjoin the sale of a tract of land called Eaton Point, in the county of Westmoreland, under a deed of trust executed the 12th day of June, 1841, and recorded the 24th, by which Eobert Murphy and Eliza E., his wife, conveyed to-William Hutt the said land in trust to secure the sum of $1,543.34, which the said Murphy had borrowed from the Westmoreland Poor School Society, a body incorporated in 1813. The bill charges that he and those under whom he (Claims have had actual adversary possession of the said land from the 26th of September,…
1Opinion of the CourtStaples, J.
It appears by the record that Robert Murphy, in the year 1841, conveyed a tract of land known as Katon Point in trust to secure the payment of a debt of $1,543.34 due the Poor School Society of Westmoreland county.
In September, 1843, Robert Murphy executed a deed conveying the same land to John H. Murphy. John H. Murphy sold and conveyed it to Thomas Brown in December, 1855, who conveyed to the appellant in January, 1858. All these deeds were bona fide and for valuable consideration, the purchasers only having such notice of the deed of trust as was furnished by its recordation.
It is averred…
2Cited by21 opinions
- Jameson v. RixeySupreme Court of Virginia · 1897
- Turk v. SkilesWest Virginia Supreme Court · 1898
- Hamilton v. GlennSupreme Court of Virginia · 1889
- Paxton v. RichSupreme Court of Virginia · 1888
- Hull's Adm'r v. Hull's HeirsWest Virginia Supreme Court · 1891
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