Legal Opinion

Fidelity Loan & Trust Co. v. Dennis

Supreme Court of Virginia

Decided August 4, 1896PublishedCited by 18 opinions

Appeal from a decree of the Hustings Court of the city of Roanoke, pronounced February, 24, 1894, in a suit in' chancery, wherein Dennis, Truitt & Co. and others, were the complainants, and Lavinia Trimmer was the defendant.

1Opinion of the CourtRiely, J.

The controversy here is between the owner of a prior incumbrance by deed of trust on real estate, and certain persons holding mechanics’ liens for the construction of buildings *505thereon and materials furnished for the same, as to the proper distribution of the proceeds of sale of the property. Its solution depends upon the true construction of sec. 2488 of the Code.

It is a general rule that all buildings and improvements put upon mortgaged premises by the mortgagor, after the execution of the mortgage, become a part of the freehold, and inure, as such, to the benefit of the mortgagee. And…

2Cited by18 opinions

  1. Steinman v. Clinchfield Coal Corp.Court of Appeals of Virginia · 1917
  2. W. T. Jones and Company, Incorporated, and Noland Company, Inc., and Marvin Moseley v. Foodco Realty, Inc., and United States of AmericaCourt of Appeals for the Fourth Circuit · 1963
  3. Finkel Outdoor Products, Inc. v. BellSupreme Court of Virginia · 1965
  4. Feuchtenberger v. Williamson, Carroll & SaundersSupreme Court of Virginia · 1923
  5. Monk v. Exposition Deepwater Pier Corp.Supreme Court of Virginia · 1910

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