Spotts v. Commonwealth
Supreme Court of Virginia
Appeal from a final decree of the circuit court of Frederick county, rendered the 25th day of August, 1887, in the suit of William L. Clark, trustee, against M. H. Spotts and others, instituted for the purpose of ascertaining the liens and priorities on a house and lot of said M. H. Spotts, in the city of Winchester, Virginia, on which there was a deed of trust to said Clark, as trustee, for the benefit of the executors of L. E. Swartzwelder, deceased, to secure the payment…
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Appeal from a final decree of the circuit court of Frederick county, rendered the 25th day of August, 1887, in the suit of William L. Clark, trustee, against M. H. Spotts and others, instituted for the purpose of ascertaining the liens and priorities on a house and lot of said M. H. Spotts, in the city of Winchester, Virginia, on which there was a deed of trust to said Clark, as trustee, for the benefit of the executors of L. E. Swartzwelder, deceased, to secure the payment of a bond for purchase-money, which had been assigned to H. Baetjer, and to have decree for sale. From said decree,…
1Opinion of the CourtFauntleroy, J.
From the record in this cause it appears that John W. Beemer, sheriff of Clarke county, Virginia, being in default to the Commonwealth of Virginia for taxes, etc., the Commonwealth obtained a judgment in the circuit court of the city of Richmond against the said Beemer and his sureties, on his official bond as sheriff aforesaid, on the 11th of March, 1872, for $2,449.53, with interest at twelve per centum from 21st of April, 1870, till paid, and $367.42 damages.
The justice and the regularity of this judgment are not questioned. To satisfy this judgment a tract of land in Clarke county,…
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