Tompkins v. Deyerle
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Montgomery county, in the chancery suit of Norcross v. Davis and Others, in which appellant was appointed a receiver to collect certain bonds given for deferred payments of real estate sold under decree in said’ cause. The decision of the Circuit Court being adverse to the receiver, he appealed.
1DissentCardwell, J.
I cannot concur in the conclusion reached by a majority of the court in this case. Erom my understanding of the record, the learned judge who entered the decree under review, was plainly right in the view stated in his written opinion, made a part of the record, that the fact that Deyerle, who was a surety for Gross, paid the amounts that he paid after a resale of the land, instead of before, did not exclude him from the benefit of the principle announced by this court in Tompkins, Receiver, v. Pulliam, 97 Va. 602, 39 S. E. 221.
The bond executed by Taylor and Junkin, commissioners, pursuant…
2Cases cited2 opinions
- Strickland v. GraybillSupreme Court of Virginia · 1899
- Pulliam v. TompkinsSupreme Court of Virginia · 1901