Shelton v. Ficklin
Supreme Court of Virginia
This was a suit in the circuit court of Fredericksburg, brought by J. B. Ficklin, surviving trustee in a deed from Braxton & Barry, conveying all the property of the partnership to secure their debts, against John C. Shelton and W. P. Conway, trustee in a deed from Carter M. Braxton to secure a debt of §3,000 to John C. Shelton. The only question in the case was whether certain machinery in a building conveyed to Conway passed under that deed.
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This was a suit in the circuit court of Fredericksburg, brought by J. B. Ficklin, surviving trustee in a deed from Braxton & Barry, conveying all the property of the partnership to secure their debts, against John C. Shelton and W. P. Conway, trustee in a deed from Carter M. Braxton to secure a debt of §3,000 to John C. Shelton. The only question in the case was whether certain machinery in a building conveyed to Conway passed under that deed. The case as viewed by this court is set out in the opinion of Judge Christian. There was a decree in favor of the plaintiff, and an appeal by Shelton.
1Opinion of the CourtChristian, J.
This case is before us on appeal from a decree of the circuit court of Fredericksburg.
The following facts are proved by the record: that in April, 1874, Carter M. Braxton applied to W. P. Conway, of the banking house of Conway, Gordon & Garnett,, for the negotiation of a loan of $3,000, to secure which he agreed to execute a deed of trust on a certain lot, factory and planing mill, and the machinery therein contained ; the said Carter M. Braxton representing the same-to be his property and to be worth tbe aggregate sum of $9,000.
Upon this security the appellant, J.ohn C. Shelton, loaned the…
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