Shadrack's adm'r v. Woolfolk
Supreme Court of Virginia
This was a suit in equity in the circuit court of Orange county, brought by William T. Woolfolk, trustee in a deed executed by David Pannill, by which he conveyed to said Woolfolk a tract of land in trust to secure his creditors. The bill stated that the plaintiff had found difficulty in determining the order of priority among the creditors of Pannill, and making him and his creditors parties, the plaintiff prayed that the court would administer the trusts.
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This was a suit in equity in the circuit court of Orange county, brought by William T. Woolfolk, trustee in a deed executed by David Pannill, by which he conveyed to said Woolfolk a tract of land in trust to secure his creditors. The bill stated that the plaintiff had found difficulty in determining the order of priority among the creditors of Pannill, and making him and his creditors parties, the plaintiff prayed that the court would administer the trusts. Various proceedings were had in the cause, the land was sold, and accounts ordered. The only question involved in this appeal related to…
1Opinion of the CourtStaples, J.
The appellant, as administrator of Samuel Shadrack, claims to be a judgment creditor of David Pannill. His judgment is assailed by the other creditors of Pannill upon two grounds now to be stated. First. That judgment was confessed in the clerk’s office in vacation of the court, without process having issued. The record, however, does not show whether process was or was not issued. All that we have on the subject is the report of the commissioner? stating “ that no suitor summons appears with the papers.” All which may be true, and yet a suit may have been issued, and never returned, or it…
2Cases cited3 opinions
- Rollins v. . HenrySupreme Court of North Carolina · 1878
- Beverley v. Ellis & AllanSupreme Court of Virginia · 1822
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3Cited by6 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Manson & Shell v. Rawlings' ExecutorsSupreme Court of Virginia · 1911
- Saunders v. LipscombSupreme Court of Virginia · 1894
- Southern Express Co. v. JacobsSupreme Court of Virginia · 1908
- Smith v. MayoSupreme Court of Virginia · 1887
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