Barger v. Buckland
Supreme Court of Virginia
In 1872 three suits in equity were instituted in the county court of Tazewell county; one by Austin Mullins, one by D. W. Marrs, and one by Jacob W. Buckland, all of them against Jacob Barger, Evan H. Brown, and C. D. and H. W. Straley, seeking to subject the land of Barger, which had been conveyed to Brown to secure a debt to the Straleys to satisfy the claims of the plaintiff against Barger.
Read the full summary
In 1872 three suits in equity were instituted in the county court of Tazewell county; one by Austin Mullins, one by D. W. Marrs, and one by Jacob W. Buckland, all of them against Jacob Barger, Evan H. Brown, and C. D. and H. W. Straley, seeking to subject the land of Barger, which had been conveyed to Brown to secure a debt to the Straleys to satisfy the claims of the plaintiff against Barger. Mullins in his bill stated, that on the 28th of June, 1870, John Barger, Sr., for the ben- , efit of John Barger, Jr., recovered a judgment ’ against Jacob Barger for $131.18, with^ interest from the…
1Opinion of the Court
*Moncure P.,
delivered the opinion of the court.
The court is of opinion that the appellant has a right to prosecute this appeal; for although pending the suit, in which the decrees appealed from were rendered, he became a bankrupt, whereby his estate generally was vested in his assignee in bankruptcy; yet he still had, and continues to have, such an interest in his estate, on account of his claims to exemptions and homestead of the same, as entitles him to prosecute this appeal, which therefore ought not to be dismissed on the ground of his want of such an interest.
*270The court is further of.…
2Cases cited2 opinions
- Massie v. WattsSupreme Court of the United States · 1810
- Stephenson v. TavernersSupreme Court of Virginia · 1852
3Cited by16 opinions
- Smith v. DavisCalifornia Supreme Court · 1891
- Cochran v. ParisSupreme Court of Virginia · 1854
- Poindexter v. BurwellSupreme Court of Virginia · 1886
- First National Bank of Webster Springs v. McGrawWest Virginia Supreme Court · 1919
- Patterson v. EakinSupreme Court of Virginia · 1890
11 more not listed; retrieve them via the Exa API.