Carter v. Harris
Court of Appeals of Virginia
Appeal from the Lnychburg Chancery Court. Carterl and others, trustees for James Dickie, his wife Joanna, and their children, filed their bill against Benjamin D. Harris, stating the following case.
Read the full summary
Appeal from the Lnychburg Chancery Court. Carterl and others, trustees for James Dickie, his wife Joanna, and their children, filed their bill against Benjamin D. Harris, stating the following case. James Dickie, by deed dated the 14th of July, 1819, and duly recorded/ conveyed’in trust to the plaintiffs,'all his real and personal estate, and all debts owing to him, for the purpose of paying all the just debts of the said Dickie, and then of maintaining him and his wife, the educaúon and maintenance of his children, &c. Some time before the execution of this deed, Dickie became indebted to…
1Opinion of the Court
Judge Carr
delivered his opinion.
It was objected by the counsel for the appellee, that the trustees were not the proper parties to file this bill, nor equity the proper forum. We must settle these points first.
By the deed of trust, it seems to have been intended to divest the grantor of all property, rights and credits* of *202every kind. After a long and minute enumeration of the different articles of property, it adds, “ with all the other estate, both real and personal, of the said James Dickie This would convey, I presume, equitable as well as legal estate. The question raised by' the bill,…
2Cited by16 opinions
- Grace v. Wade & MainsTexas Supreme Court · 1876
- Newcomb v. BrooksWest Virginia Supreme Court · 1879
- Tennant v. DunlopSupreme Court of Virginia · 1899
- Creagh v. SavageSupreme Court of Alabama · 1846
- Hunter v. Lawrence's adm'rSupreme Court of Virginia · 1854
11 more not listed; retrieve them via the Exa API.