McCullough v. Dashiell
Supreme Court of Virginia
Appeal of Allan A. McCullough from decree of corporation court of Norfolk city, rendered 14th March, 1881, in suit wherein Charles Dashiell and Mary E. O. Dashiell, his wife, were plaintiffs, and said McCullough and William Lamb, trustee, were defendants.
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Appeal of Allan A. McCullough from decree of corporation court of Norfolk city, rendered 14th March, 1881, in suit wherein Charles Dashiell and Mary E. O. Dashiell, his wife, were plaintiffs, and said McCullough and William Lamb, trustee, were defendants. Charles Dashiell filed-his bill February 10, 1872, and obtained an injunction restraining said Lamb, as trustee, from selling certain real estate in said city, which had been conveyed by Dashiell and wife to said Lamb by deed dated March 23, 1869, in trust to secure to said McCullough two notes of $700 each. The grounds of the injunction…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court. After stating the facts, he proceeded:
The appellant insists that the court below erred in holding him estopped by the release deed of April 17th, 1871, from enforcing the lien of the deed of trust on the Norfolk city property, and in perpetuating the injunction restrain*640ing the sale of that property to enforce that lien. And these are the only questions raised which need be considered.
In the first place, it is to be observed that Dashiell and wife were not parties to the release deed in question, and that its object was to relieve the Norfolk…
2Cited by5 opinions
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