Legal Opinion

Legrand v. Rixey's Adm'r

Supreme Court of Virginia

Decided November 10, 1887PublishedCited by 18 opinions

Appeal from decree of circuit court of Fauquier county, rendered seventeenth April, 1885, in the cause of E. A. Legrand and ■ Lucy B., his wife, complainants, against Samuel Rixey, James Barbour, trustee, J. C. Gibson- and Mary G., his wife, defendants. Mrs. Legrand (then wife of Chas.

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Appeal from decree of circuit court of Fauquier county, rendered seventeenth April, 1885, in the cause of E. A. Legrand and ■ Lucy B., his wife, complainants, against Samuel Rixey, James Barbour, trustee, J. C. Gibson- and Mary G., his wife, defendants. Mrs. Legrand (then wife of Chas. E. Sinclair) and James G. Field, her trustee, and Mrs. Gibson (then Mary G. Shackle-ford), by trust-deed dated October 16th, 1867, conveyed their interest in “Elk Spring Farm,” in Culpeper county, to James Barbour, trustee, to secure the bond executed hy the female grantors, of that date, to Samuel Rixey for…

1Opinion of the CourtRichardson, J.

The single question presented by the record for decision, is whether or not the facts disclosed by the record sustain the plea of res judicata relied on by the appellants to bar and defeat the claim of the appellees to sell the Elk Spring farm, under the trust-deed aforesaid, to satisfy so much of the $3,180 bond as remains unpaid.

That such is really the only question to be passed on is indisputable; for, so far as the evidence goes, there is nothing in the record which can be successfully appealed to for the purpose of disproving the statement of Rixey, that the sum of $2,871.78, with…

2Cases cited4 opinions

  1. Russell v. PlaceSupreme Court of the United States · 1877
  2. Packet Co. v. SicklesSupreme Court of the United States · 1867
  3. Blackwell's Adm'r v. BraggSupreme Court of Virginia · 1884
  4. New York Life Insurance v. ClemmittSupreme Court of Virginia · 1883

3Cited by18 opinions

  1. Grunert v. SpaldingWisconsin Supreme Court · 1899
  2. Todd v. SykesSupreme Court of Virginia · 1899
  3. Taylor v. TaylorOregon Supreme Court · 1909
  4. Gentry v. Pacific Livestock Co.Oregon Supreme Court · 1904
  5. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851

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