Clark v. Moore
Supreme Court of Virginia
Appeal from decree of circuit court of Patrick county in suit of Campbell’s Adm’r v. Thomas M. Clark’s Adm’r, &c., brought to subject the real estate of Clark to the payment of bis debts, in which suit Susan E. Clark, the widow, filed her petition and was admitted a party.
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Appeal from decree of circuit court of Patrick county in suit of Campbell’s Adm’r v. Thomas M. Clark’s Adm’r, &c., brought to subject the real estate of Clark to the payment of bis debts, in which suit Susan E. Clark, the widow, filed her petition and was admitted a party. The circuit court decided, among other things, that the judgment paid off by J. T. Clark, referred to in the opinion, and secured in the deed of trust given by his father, said Thomas M. Clark, had priority. From this decree Susan E. Clark obtained an appeal to this court, by which the appeal was heard at Wytheville but…
1Opinion of the CourtBurks, J.
Thomas M. Clark by deed conveyed his land and personal property, in trust, to secure the payment of two debts to his son, J. Thomas Clark, and also a debt to the trustee of his wife. The question for decision here is, whether these debts are payable pari passu out of the trust fund—proceeds of the sale of the land conveyed—or whether one of the debts, called the Staples debt, secured to the son, is entitled to priority. This debt was represented .by a judgment recovered by the executors of Abram Staples against the grantor, and at the date of recovery bound the lands afterwards conveyed. It…
2Cited by4 opinions
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- Norris v. WoodsSupreme Court of Virginia · 1893
- Hinman v. MasonSupreme Court of Virginia · 1927
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