McCarty v. Ball
Supreme Court of Virginia
Appeal from decree of circuit court of Richmond county, rendered April 19th, 1883, in the cause the style whereof is “James K. Ball, trustee, &c., against James B. McCarty,” wherein A. F. Yerby, administrator of A. O. Yerby, deceased, on April 18th, 1880, filed his petition to be made a party as a judgment creditor of W. W. Douglass, no execution having been issued on the said judgment, which was rendered March 4th, 1867. Yet the circuit court decided that the judgment was a…
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Appeal from decree of circuit court of Richmond county, rendered April 19th, 1883, in the cause the style whereof is “James K. Ball, trustee, &c., against James B. McCarty,” wherein A. F. Yerby, administrator of A. O. Yerby, deceased, on April 18th, 1880, filed his petition to be made a party as a judgment creditor of W. W. Douglass, no execution having been issued on the said judgment, which was rendered March 4th, 1867. Yet the circuit court decided that the judgment was a lien and enforceable on certain real estate as the property of Douglass. From this decree McCarty, who had purchased…
1Opinion of the CourtFauntleroy, J.
The object of this suit is for a sale of realty, and a division of the proceeds between Ball, trustee, for certain infants, who own one-third, of the said realty, and James B. McCarty, who owns one other third in his own right, and another third as purchaser from W. W. Douglass, sold and conveyed to the said McCarty September 7th, 1869, by the said Douglass, the then owner thereof. On the fourth of March, 1867, A. F. Yerby, as administrator of A. O. Yerby, deceased, recovered by confession a judgment against the said W. W. Douglass, for the sum of $710.28, with interest thereon from the-day…
2Cases cited2 opinions
- Coles' Adm'r v. BallardSupreme Court of Virginia · 1883
- Hutcheson v. GrubbsSupreme Court of Virginia · 1885
3Cited by8 opinions
- Cochran v. ParisSupreme Court of Virginia · 1854
- Redford v. ClarkeSupreme Court of Virginia · 1902
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Flagg v. FlaggNebraska Supreme Court · 1894
- Paine v. TutwilerSupreme Court of Virginia · 1876
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