Legal Opinion

Turnbull v. Mann

Supreme Court of Virginia

Decided December 13, 1900PublishedCited by 8 opinions

Error to a judgment of the Corporation Court of the city of Petersburg, rendered March 4, 1899, in a proceeding by motion, after due notice, to have certain debts secured by deed of trust marked satisfied, in which motion the defendant in error was the plaintiff, and the plaintiffs in erorr were the defendants.

1Opinion of the CourtPhlegar, J.

After the decision of the cause of Turnbull v. Mann, 94 Va. 182, the Legislature so amended section 2498 of the Code of Virginia, as to provide that the county and corporation courts could, on motion of one who- owns, or has an interest in, real estate, direct the release or discharge of a lien or encumbrance thereon, “upon proof that it has been paid or discharged, or upon its appearing to the court that more than twenty years have elapsed since the maturity of the lien or encumbrance, raising a presumption of payment, and which is not rebutted at the hearing.” Acts 1897-8, p. 936.

In…

2Cases cited10 opinions

  1. Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
  2. Thompson v. TolmieSupreme Court of the United States · 1829
  3. Harvey v. TylerSupreme Court of the United States · 1865
  4. Harrison v. Wallton's Ex'orSupreme Court of Virginia · 1898
  5. Todd v. Gallego Mills Manufacturing Co.Supreme Court of Virginia · 1888

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3Cited by8 opinions

  1. Maryland Casualty Co. v. ColeSupreme Court of Virginia · 1931
  2. Evans v. Asphalt Roads & Materials Co.Supreme Court of Virginia · 1952
  3. French v. PhippsSupreme Court of Virginia · 1938
  4. Enterprise Theatre Corp. v. StutzSupreme Court of Virginia · 1931
  5. State Central Savings Bank v. UglowSupreme Court of Iowa · 1929

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