Preston's Adm'r v. Nash
Supreme Court of Virginia
TMs is tlie sequel of the case reported in 28 Graft. 686, under the title of Nash v. Nash and als. "When the case went bach to the circuit court, an amended and supplemental bill was filed by Samuel H. Nash, and was answered by Preston, who held as security for his debt the trust deed executed by William Nash to Bechem, trustee, and also by the personal representative of Bechem, who died before the amended bill was filed.
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TMs is tlie sequel of the case reported in 28 Graft. 686, under the title of Nash v. Nash and als. "When the case went bach to the circuit court, an amended and supplemental bill was filed by Samuel H. Nash, and was answered by Preston, who held as security for his debt the trust deed executed by William Nash to Bechem, trustee, and also by the personal representative of Bechem, who died before the amended bill was filed. Upon these pleadings, the sole question before the circuit court was, which had priority, Preston, the creditor of William Nash, secured by the deed to Beckem, trustee, or…
1Opinion of the CourtChristian, J.
This case is before us on an appeal from a decree of the circuit court of Bussell county.
It comes up to this court for the second time. The original bill was filed for specific performance of a contract entered into between Samuel H. .Hash and William Hash. The main question in controversy in that case was whether Samuel H. Hash, upon the pleadings and evidence then in the cause, had made a valid contract of purchase; had paid all the purchase money, and was entitled to a conveyance of the legal title. The circuit court held that, there was a valid contract, that the purchase money had all…
2Cases cited2 opinions
- Williamson v. Gordon's ExecutorsSupreme Court of Virginia · 1816
- Nash v. NashSupreme Court of Virginia · 1877
3Cited by3 opinions
- Wasserman v. MetzgerSupreme Court of Virginia · 1906
- McCormack v. JamesDistrict Court, W.D. Virginia · 1886
- Bowman v. HicksSupreme Court of Virginia · 1885