Bryan v. Augusta Perpetual Building & Loan Co.
Supreme Court of Virginia
Appeal from decrees in chancery of tlie Corporation Court of tlie city of Staunton, in the suit of E. M. Pendleton, trustee, against The Augusta Perpetual Building & Loan Company, and its trustees and the appellant. The decrees were in favor of the Building & Loan Co., and adverse to Bryan and Pendle-ton, trustee. Bryan appeals.
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Appeal from decrees in chancery of tlie Corporation Court of tlie city of Staunton, in the suit of E. M. Pendleton, trustee, against The Augusta Perpetual Building & Loan Company, and its trustees and the appellant. The decrees were in favor of the Building & Loan Co., and adverse to Bryan and Pendle-ton, trustee. Bryan appeals. Under the contract between Bryan and the Building Company, he contracted to pay to the company quarterly dues of $225 each, and quarterly interest of $40.50 each quarter, until such time as the 27 shares of stock for which he had subscribed, and which were pledged as…
1Opinion of the CourtWhittle, J.
This suit was instituted by creditors of the appellant, whose *613debts are secured by a deed of trust on the land in controversy, to enjoin a sale of tbe property under a prior deed of trust for the benefit of the appellee, on the grounds that the title thereto is under a cloud, which it is insisted ought to be removed before sale, and that the debt of the appellee is usurious.
The cause was thrice referred to a commissioner in chancery, whose findings were adverse to both contentions; and from decrees confirming those reports, and subjecting the land to sale to satisfy liens, this appeal was…
2Cases cited2 opinions
- Smoot v. Peoples Perpetual Loan & Building Ass'nSupreme Court of Virginia · 1898
- Crabtree v. Old Dominion Building & Loan Ass'nSupreme Court of Virginia · 1898
3Cited by1 opinion
- Koger v. City Developing Corp.Supreme Court of Virginia · 1942