Pope v. Transparent Ice Co.
Supreme Court of Virginia
Appeal from a decree of tlie Circuit Court of Roanoke county pronounced at April term, 1894. The Transparent Ice Company of Roanoke city purchased a lot in the city of Roanoke on which to erect its plant. It paid part of the purchase money in cash, and gave a deed of trust on the lot to secure certain deferred payments.
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Appeal from a decree of tlie Circuit Court of Roanoke county pronounced at April term, 1894. The Transparent Ice Company of Roanoke city purchased a lot in the city of Roanoke on which to erect its plant. It paid part of the purchase money in cash, and gave a deed of trust on the lot to secure certain deferred payments. The deed provided that, in case of sale, if there was a surplus after paying the debt secured and expenses, the surplus should be payable at such time and secured in such manner as the grantor might prescribe, or, upon his failure to give directions, as to the trustee might…
1Opinion of the Court
Keith, P.,
delivered the opinion of the court.
The Transparent Ice Company conveyed certain property by *82deed of trust dated February 18, 1891, to J. A. Dupuy, to secure three notes of 'the Richmond Ice Company, for $2,778.06 each, payable at the First National Bank of Roanoke, Va., in four, six, and nine months, respectively, from date, with interest from date. The trust creates no priorities as to these notes, but the note falling due at four months, having been first negotiated, became thereby entitled to priority of payment when the property was subsequently sold upon a decree in this cause.…
2Cases cited4 opinions
- Mathews v. SwitzlerSupreme Court of Missouri · 1870
- Gordon v. HobartU.S. Circuit Court for the District of Maine · 1842
- Chapman v. CommonwealthSupreme Court of Virginia · 1875
- Kinnaird v. Miller's ex'orSupreme Court of Virginia · 1874
3Cited by18 opinions
- Maryland Casualty Co. v. City of South NorfolkCourt of Appeals for the Fourth Circuit · 1932
- Henry County v. SalmonSupreme Court of Missouri · 1907
- Wait v. Homestead Building Ass'nWest Virginia Supreme Court · 1918
- Upper Occoquan Sewage Auth. v. BLAKE CONST.Supreme Court of Virginia · 2008
- Northern Virginia Savings & Loan Ass'n v. J. B. Kendall Co.Supreme Court of Virginia · 1964
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