Beecher v. Lewis & Bagby
Supreme Court of Virginia
Appeal from decree of circuit court of King William county, rendered October 8th, 1886, in the cause wherein the appellant, 0. Beecher, is complainant, and the appellees, Thomas P. Bagby and H. I. Lewis, trustees, and others, are defendants. 0. Beecher made his note to certain creditors and a trust deed to secure it.
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Appeal from decree of circuit court of King William county, rendered October 8th, 1886, in the cause wherein the appellant, 0. Beecher, is complainant, and the appellees, Thomas P. Bagby and H. I. Lewis, trustees, and others, are defendants. 0. Beecher made his note to certain creditors and a trust deed to secure it. Trustee advertised the trust property for sale. 0. Beecher enjoined until a settlement was made of the accounts of an agent who had been previously mutually selected to sell the debtor’s property and apply the proceeds to both secured and unsecured debts, and the balance due on…
1Opinion of the CourtLacy, J.
This suit was by bill in chancery to enjoin trustees from selling under the deed from which their powers were derived, until proper accounts could be taken, and the balance due ascertained—First, by settling the transactions of a mutual agent employed after the execution of the trust deed, to make sale of wood and lumber and other property, and collect accounts, etc., as the agent of both sides; secondly, to settle accounts between the creditors and complainants, who were the debtors, and for general relief. This was all accomplished by proceedings in the cause in due form. Accounts were…
2Cases cited4 opinions
- J. B. Campbell's ex'ors v. A. C. Campbell's ex'orSupreme Court of Virginia · 1872
- Walters v. Farmers BankSupreme Court of Virginia · 1881
- Cobbs v. Gilchrist's Adm'rSupreme Court of Virginia · 1885
- McCormick's Ex'ors v. Wright's Ex'orsSupreme Court of Virginia · 1884
3Cited by18 opinions
- Young v. VailNew Mexico Supreme Court · 1924
- Iron City Savings Bank v. IsaacsenSupreme Court of Virginia · 1932
- Robinson v. BraidenWest Virginia Supreme Court · 1897
- Johnston & Grommett Bros. v. Bunn & MonteiroSupreme Court of Virginia · 1908
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
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