Upper Appomattox Co. v. Hamilton & Mann
Supreme Court of Virginia
Appeal from decree of hustings court of Petersburg in a chancery cause in which Hamilton and Mann, trustees in a trust deed executed on personal property on rented premises executed by the Petersburg Cotton Mills, April 3d, 1885, were plaintiffs, and the Upper Appoma.ttox Company was ■defendant. The decree being adverse to the claim of the defendant company for priority of lien for rent of the premises on said personalty, the defendant company appealed.
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Appeal from decree of hustings court of Petersburg in a chancery cause in which Hamilton and Mann, trustees in a trust deed executed on personal property on rented premises executed by the Petersburg Cotton Mills, April 3d, 1885, were plaintiffs, and the Upper Appoma.ttox Company was ■defendant. The decree being adverse to the claim of the defendant company for priority of lien for rent of the premises on said personalty, the defendant company appealed. Opinion states the case.
1Opinion of the Court
Lewis, P.,
delivered tlie opinion of the court.
The object of this suit was to ascertain the debts, and their relative priorities, due by the Petersburg Cotton Mills and to execute the trust under the deed aforesaid. In the progress of the cause, a question of priority arose between certain deed of trust creditors and the appellant here, the-Upper Appomattox Company, the latter claiming the right to subject certain personalty to the payment of rent in arrear and due to the appellant by the Petersburg Cotton Mills, as its lessees, which property was embraced in a certain deed of trust executed…
2Cases cited1 opinion
- Wades v. FiggattSupreme Court of Virginia · 1881
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- Hardie v. WrightLouisiana Court of Appeal · 1929
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