Legal Opinion

Muller's Adm'r v. Stone

Supreme Court of Virginia

Decided May 3, 1888PublishedCited by 24 opinions

Appeal from decrees of circuit court of Fauquier county, rendered July 8th, 1886, and May 29th, 1886, respectively, in the suit wherein the appellant, A. D. Payne, administrator c. t. a. of William Muller, deceased, is complainant, and the appellees, George B. Stone, trustee, and others are defendants.

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Appeal from decrees of circuit court of Fauquier county, rendered July 8th, 1886, and May 29th, 1886, respectively, in the suit wherein the appellant, A. D. Payne, administrator c. t. a. of William Muller, deceased, is complainant, and the appellees, George B. Stone, trustee, and others are defendants. The record discloses the following facts: In June, 1883, W. F. Gray and wife conveyed to James P. Jeffreys, trustee, two tracts of land, situate in the said county, containing respectively ninety-five and sixty-three acres, to secure the payment of a certain debt of $2,000, evidenced by the…

1Opinion of the Court

Lewis, P.,

after stating the case, delivered the opinion of the court.

*837olt is clear that the appellant is not entitled to relief upon the ground set forth in the original bill. If authority for such a proposition were needed, the case of Muller v. Bayly, 21 Gratt., 521, is directly in point and conclusive. In that case, the bill alleged that the time for a sale was unpropitious; that money was scarce, and that, owing to the large amount of the cash payment required, the sale, if made as advertised by the trustee, would be attended with great, if not irreparable, loss and injury, etc. But, said…

2Cases cited5 opinions

  1. Rossett v. FisherSupreme Court of Virginia · 1854
  2. Gay v. HancockSupreme Court of Virginia · 1822
  3. White v. Mech. Building Fund Ass'nSupreme Court of Virginia · 1872
  4. Cleaver v. MatthewsSupreme Court of Virginia · 1887
  5. Hoge v. JunkinSupreme Court of Virginia · 1884

3Cited by24 opinions

  1. Wright v. Vinton Branch of Mountain Trust Bank of RoanokeSupreme Court of the United States · 1937
  2. Travelers Insurance v. MarshallTexas Supreme Court · 1934
  3. Keagy v. TroutSupreme Court of Virginia · 1888
  4. George v. ZinnWest Virginia Supreme Court · 1905
  5. Bolich v. Prudential Insurance Co. of AmericaSupreme Court of North Carolina · 1932

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