James v. Upton
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Middlesex county pronounced August 26, 1896, in a suit in chancery wherein the appellees, Benjamin Upton, Jr., and wife were the complainants, and appellánts and others were the defendants.
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Appeal from a decree of the Circuit Court of Middlesex county pronounced August 26, 1896, in a suit in chancery wherein the appellees, Benjamin Upton, Jr., and wife were the complainants, and appellánts and others were the defendants. The assignment from Benjamin Upton, Sr., to his son, Benjamin Upton, Jr., mentioned in the opinion of the court was endorsed on the contract of sale from Miles to Benjamin Upton, Sr., and is in the following words and .figures, to-wit: “ For value received I hereby grant and convey unto Benjamin Upton, Jr., his heirs and assigns all my right, title, interest,…
1Opinion of the CourtBuchanan, J.
On the 10th day of January, 1870, W. K. Gatewood, trustee, ■sold and conveyed to John A. Miles a tract of laud in Middle-sex county, in consideration of the sum of $4,000, part of which was paid in cash. Contemporaneously therewith, Miles executed a deed of trust upon the property to secure the payment of the deferred purchase money bonds, which amounted to $2,449.30.
On the 18th day of April, 1870, B. Upton, Sr., entered into .an agreement with Miles for the purchase of the land at the same price, and went into possession of it.
On the 1st day of May, 1872, Upton, Sr., assigned all of his…
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