Rhea v. Preston
Supreme Court of Virginia
This was a suit in equity in the circuit court of Smyth county (afterwards removed to the circuit court of Wythe county), brought by James W. Preston, who sued in his own right and as surviving administrator of John M. Preston against Abijah Thomas and others, asking for a sale of the real estate of said Thomas to satisfy sundry deeds of trust thereon, executed by said Thomas, and judgments which had been obtained against him.
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This was a suit in equity in the circuit court of Smyth county (afterwards removed to the circuit court of Wythe county), brought by James W. Preston, who sued in his own right and as surviving administrator of John M. Preston against Abijah Thomas and others, asking for a sale of the real estate of said Thomas to satisfy sundry deeds of trust thereon, executed by said Thomas, and judgments which had been obtained against him. On the 24th day of November, 1860, the said Abijah Thomas executed his writing obligatory to the said John M. Preston for the sum of $5,693, payable twelve months after…
1Opinion of the CourtBurks, J.
The record shows that the encumbrances by judgments, deeds of trust, and vendor’s liens on the real estate of Abijah Thomas exceed two hundred thousand dollars, while the value of the estate, including at a reasonable estimate aliened lands liable but not yet sold, is not more, perhaps, than one-third of that sum. Hence this controversy among the encumbrancers and alienees—the former struggling each to secure priority for himself and to exclude others, and the latter endeavoring by all means supposed to be available to protect themselves against loss in their respective purchases.
I have…
2Cases cited5 opinions
- Williams v. BruffySupreme Court of the United States · 1878
- Borst v. NalleSupreme Court of Virginia · 1877
- Walker v. CommonwealthSupreme Court of Virginia · 1867
- Hill v. Rixey & StarkeSupreme Court of Virginia · 1875
- Moss v. Moorman's Adm'rSupreme Court of Virginia · 1873
3Cited by14 opinions
- Miller v. WillsSupreme Court of Virginia · 1897
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Janney v. BellCourt of Appeals for the Fourth Circuit · 1940
- Preston's Drive Inn Restaurant, Inc. v. ConverySupreme Court of Virginia · 1967
- Cooper v. DaughertySupreme Court of Virginia · 1888
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