McCandlish v. Keen
Supreme Court of Virginia
By deed bearing date the 29th of June 1828, Mrs. Susan Byrd, in consideration of five thousand three hundred and sixty-five dollars, conveyed to Richard Coke, jr. all her right to a tract of land in the county of Gloucester called Abingdon, supposed to contain about seven hundred acres, together with the stocks of horses, mules, sheep, hogs and cattle, and the farming implements; one four wheel carriage and harness; the household and kitchen furniture at Abingdon as it then…
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By deed bearing date the 29th of June 1828, Mrs. Susan Byrd, in consideration of five thousand three hundred and sixty-five dollars, conveyed to Richard Coke, jr. all her right to a tract of land in the county of Gloucester called Abingdon, supposed to contain about seven hundred acres, together with the stocks of horses, mules, sheep, hogs and cattle, and the farming implements; one four wheel carriage and harness; the household and kitchen furniture at Abingdon as it then stood; the crops growing thereon, and those then on hand; also her interest as widow and distributee of William P. Byrd…
1Opinion of the CourtLee, J.
Two questions occur in this case first, whether Mrs. Byrd under the deed and contract of the 29th of June 1828 has any lien express or implied, upon the estate of Coke, or any portion of it, for the amount of the annuity secured to her by that contract; second, as to the effect of the failure to record the deed of trust of the 21st of June 1848 until after the death of Coke, the grantor, upon the lien thereby created as against the general creditors of Coke. Of these in the order stated.
There is no just foundation for any claim to an express charge. There is a reservation of what is termed “…
2Cases cited7 opinions
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- In re ClohertyWashington Supreme Court · 1891
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