Legal Opinion

DeFarges v. Ryland & Brooks

Supreme Court of Virginia

Decided January 29, 1891PublishedCited by 19 opinions

Appeal from decrees of circuit court of King William county, rendered October 25th, 1888, and May 4th, 1889, respectively, in suit under style of Ryland & Brooks v. John s. DeFarges et als.

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Appeal from decrees of circuit court of King William county, rendered October 25th, 1888, and May 4th, 1889, respectively, in suit under style of Ryland & Brooks v. John s. DeFarges et als. The bill was filed by the apDellees against the appellants, John S. DeFarges, Josephine DeFarges, his wife, and F. King, trustee, to set aside a trust deed made by the appellant, John S. DeFarges, on the 31st of March, 1887, by which he conveyed all of his property to the said appellee, King, to be held in trust for the benefit of his said wife, the appellee, Josephine De-Farges, free from the claims of…

1Opinion of the CourtLacy, J.

The first assignment of error necessary to notice is the complaint that the sale was ordered before the report of the trustee came in, closing the first trust deed as to the sale of the-saw mill. Regularly, this report should have been in in order to ascertain the balance due after crediting the proceeds of the' saw mill; but the report being filed, it appears that Mrs. De-Farges was the purchaser at this sale, and therefore there was-no injustice or injury to the appellants, as they appear to have had full knowledge and information upon this subject.

The next assignment is that the court…

2Cases cited1 opinion

  1. William & Mary College v. PowellSupreme Court of Virginia · 1855

3Cited by19 opinions

  1. Hoge & Hutchinson v. TurnerSupreme Court of Virginia · 1899
  2. Bennett v. BennettWest Virginia Supreme Court · 1892
  3. Cochran v. ParisSupreme Court of Virginia · 1854
  4. Petro-Lewis Corp. v. District Court, Fourth Judicial District, El Paso CountySupreme Court of Colorado · 1986
  5. Nickerson v. Wells-Stone Mercantile Co.Supreme Court of Minnesota · 1898

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