Lindsay v. McCormick
Supreme Court of Virginia
Appeal from decree of circuit court of Clarke county, pronounced 14th October, 1885, in the two causes of John T. Lindsay against Sarah Brown, and P. McCormick's executors against John T. Lindsay, heard together. The object of the suits was to subject the lands of William, Huldah and Margaret Berry to payment of hens.
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Appeal from decree of circuit court of Clarke county, pronounced 14th October, 1885, in the two causes of John T. Lindsay against Sarah Brown, and P. McCormick's executors against John T. Lindsay, heard together. The object of the suits was to subject the lands of William, Huldah and Margaret Berry to payment of hens. At the sale thereof made by Commissioners McCormick, Moore and McGuire, Adelia V. Lindsay purchased two tracts for $5,011.88, whereof $735 was paid cash, and four bonds' were executed for equal annual installments of the residue by John T. Lindsay, trustee, and husband of the…
1Opinion of the CourtHinton, J.
• The questions presented for determination upon this appeal are two, viz :■—•
1st. Whether the circuit court erred in sustaining the exception of Samuel J. C. Moore, the acting special commissioner in this cause, to the report of Commissioner Nelson, which charged him with the sum of $333.37, as of November 28th, 1874, and in entering a decree against the appellant, Adelia Lindsay, for said sum, with interest from the same date.
2d. Whether the court erred in overruling an exception to .the deposition of said Moore, the acting special commissioner.
These two inquiries will be considered in the…
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