Tuley v. Barton
Supreme Court of Virginia
Appeal from decree of circuit court of Frederick county, entered June 23d, 1882, in chancery cause wherein Mrs. Mary W. Tuley was complainant and B. T. Barton, surviving executor of David W. Barton, deceased, and E. Holmes Boyd, trustee, were defendants. In December, 1865, Mrs. Tuley purchased of David W. Boyd a house and lot in Winchester, in said county, at the price of $7,000. Of this price she paid one-third in cash.
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Appeal from decree of circuit court of Frederick county, entered June 23d, 1882, in chancery cause wherein Mrs. Mary W. Tuley was complainant and B. T. Barton, surviving executor of David W. Barton, deceased, and E. Holmes Boyd, trustee, were defendants. In December, 1865, Mrs. Tuley purchased of David W. Boyd a house and lot in Winchester, in said county, at the price of $7,000. Of this price she paid one-third in cash. For the residue, she executed her two bonds, which she afterwards, in May, 1868, secured 'by a deed of trust on the property to said Boyd, as trustee. Besides the cash…
1Opinion of the CourtRichardson, J.
*392In this case only two questions arise. They are these: 1st. Did the appellant place the Trussel-Coburn claim in the hands of R. T. Barton, executor, not only for collection by him as her attorney, but also as collateral security, as alleged? 2d. Were the costs, under the circumstances, properly adjudged against the complainant in the court below?
The first question is purely one of fact, to be found, however, subject to fixed rules of law; and in ascertaining what the fact is, we can be guarded only by the evidence.
It is not, and cannot be pretended that the receipt of R. T. Barton, attorney,…
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