Fishburne & Wife v. Ferguson's Heirs
Supreme Court of Virginia
Appeal from decree of circuit court of Franklin county, entered May 21st, 1885, in the chancery cause wherein Luke Ferguson,’ John I. Ferguson, and Elizabeth Tench, the heirs, and Henry S. Trout, the administrator of Isham M. Ferguson, deceased, were pMntiífs, and T. T. Fishburne and Callie L., his wife, Avere defendants.
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Appeal from decree of circuit court of Franklin county, entered May 21st, 1885, in the chancery cause wherein Luke Ferguson,’ John I. Ferguson, and Elizabeth Tench, the heirs, and Henry S. Trout, the administrator of Isham M. Ferguson, deceased, were pMntiífs, and T. T. Fishburne and Callie L., his wife, Avere defendants. The object of the suit was to cancel a deed made by the decedent September 15th, 1880, to said Fishburne and Atúfe, conveying a house and lot in what was then called Big Lick, now the city of Roanoke, and some personal property therein. An issue out of chancery Avas awarded.…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
This was a suit in equity in the circuit court of Franklin county, to cancel a conveyance made in September, 1880, by Isham M. Ferguson, since deceased, of certain real estate situate in Big Lick, now the city of Roanoke. After many depositions had been taken in the cause, the court directed the following issues to be tried by a jury, namely—
1. Whether the deed in question was obtained by the defendants, Fishburne and wife, the grantees therein, by fraud or undue influence; and, 2, whether or not, at the time the deed was executed, the grantor was…
2Cases cited15 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Connecticut Mutual Life Insurance v. LathropSupreme Court of the United States · 1884
- Jackson ex. rel. Cadwell v. KingNew York Supreme Court · 1825
- Hartman v. StricklerSupreme Court of Virginia · 1886
- Crouse v. HolmanIndiana Supreme Court · 1862
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3Cited by50 opinions
- Ferguson v. FergusonSupreme Court of Virginia · 1937
- Thomas v. Turner's Adm'rSupreme Court of Virginia · 1890
- Martin v. PhillipsSupreme Court of Virginia · 1988
- Jones v. RheaSupreme Court of Virginia · 1921
- Keagy v. TroutSupreme Court of Virginia · 1888
45 more not listed; retrieve them via the Exa API.