Legal Opinion

Raub v. Otterback

Supreme Court of Virginia

Decided January 23, 1896PublishedCited by 8 opinions

Appeal from a decree of the Circuit Court of Fairfax county, pronounced at the June term, 1894. It appears from the opinion of the court in Haul) v. Otter-back.i 89 Va. 646, that in the original attachment suit an affidavit was filed, stating “ that the said Henry B. Otterback is a non-resident of the State of Virginia, and affiant believes that he has estate within the county of Fairfax, to-wit, a contingent interest in the real estate of Philip Otterback, deceased, lying…

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Appeal from a decree of the Circuit Court of Fairfax county, pronounced at the June term, 1894. It appears from the opinion of the court in Haul) v. Otter-back.i 89 Va. 646, that in the original attachment suit an affidavit was filed, stating “ that the said Henry B. Otterback is a non-resident of the State of Virginia, and affiant believes that he has estate within the county of Fairfax, to-wit, a contingent interest in the real estate of Philip Otterback, deceased, lying in said county.” The only return on the original summons was: “Executed upon the tract of land within mentioned August…

1Opinion of the CourtHarrison, J.

The record in this case discloses that in June, 1879, the ■ Circuit Court of Fairfax county, in an attachment suit in equity, entered a joint personal decree against the appellees, one of whom was a non-resident, for the amount claimed in said suit. With this personal decree the appellant seems to have been content, no decree having been taken for the sale of the non-resident’s interest in the land sought to be attached, for the reason, as stated by appellant, that it was a contingent interest of such uncertain value that it would be sacrificed in any attempt to sell it. Ho execution was…

2Cases cited1 opinion

  1. Robertson v. HogeSupreme Court of Virginia · 1887

3Cited by8 opinions

  1. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
  2. Richardson v. J. S. Hoskins Lumber Co.Supreme Court of Virginia · 1911
  3. Harris v. LipsonSupreme Court of Virginia · 1937
  4. Gilmer v. GantSupreme Court of Alabama · 1945
  5. English Boiler & Tube, Inc. v. Adirondack Combustion Technologies, Inc.Virginia Circuit Court · 2002

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