Wissler v. Craig's Adm'r
Supreme Court of Virginia
Appeal from a decree of the circuit court of Shenandoah county, rendered April 14th, 1884, in the chancery cause of Walton Craig, anministrator d. b. n. c. t. a. of Peter Craig, deceased, complainant, against Jonathan Foltz's administrator and others, defendants. Argued at Staunton, but decided at Richmond. By deed, duly recorded in 1856, said Foltz conveyed to R. lvi.
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Appeal from a decree of the circuit court of Shenandoah county, rendered April 14th, 1884, in the chancery cause of Walton Craig, anministrator d. b. n. c. t. a. of Peter Craig, deceased, complainant, against Jonathan Foltz's administrator and others, defendants. Argued at Staunton, but decided at Richmond. By deed, duly recorded in 1856, said Foltz conveyed to R. lvi. Coun, trustee, 578 acres of laud in said county, to secure to Peter Craig a debt of ~2,938. In 1859 Conn, the trustee, sold 362 acres thereof, and applied the proceeds to the debt, leaving unpaid about $2,31'7 as of July 24th,…
1Opinion of the CourtEichakdsoN, J.
The case is this: By deed, dated 21st of March, 1856, and duly recorded, Jonathan Foltz conveyed to 11. M. Conn, trustee, a tract of 573 acres of land in Shenandoah county, in trust to secure Peter Craig the payment- of $2,938.
In 1859 the trustee sold 362 acres of said tract, and applied the proceeds to the trust-debt, leaving a balance unpaid. Craig, the beneficiary in said deed, died in 1862. A contest arose about Craig’s will, during which Philip Helsley, curator of Craig’s estate,, on the 24th of July, 1863, received of Foltz $2,317, the supposed balance of the trust-debt, which sum was…
2Cases cited5 opinions
- Godden v. KimmellSupreme Court of the United States · 1879
- Cordova v. HoodSupreme Court of the United States · 1873
- Foster's curator v. RisonSupreme Court of Virginia · 1867
- Hatcher v. HallSupreme Court of Virginia · 1883
- Helsley v. FultzSupreme Court of Virginia · 1822
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