Lynchburg Perpetual Building & Loan Co. v. Fellers
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of the City of Roanoke pronounced January 22, 1896, in a suit in chancery wherein the appellee, M. L. Fellers, was the complainant, and the appellant and others were the defendants. ~W. P. Huff was the owner of a lot of land in the city of Roanoke, on which there were three houses. A part of the lot was vacant.
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Appeal from a decree of the Circuit Court of the City of Roanoke pronounced January 22, 1896, in a suit in chancery wherein the appellee, M. L. Fellers, was the complainant, and the appellant and others were the defendants. ~W. P. Huff was the owner of a lot of land in the city of Roanoke, on which there were three houses. A part of the lot was vacant. He executed a deed of trust on the entire lot to secure to the appellant a debt of $2,000. Subsequently, in July, 1891, he sold the vacant lot to the trustees of the Hnited Brethren Church for the sum of $2,600, of which they paid $600 cash,…
1Opinion of the CourtBuchanan, J.
In February, 1891, W. P. Huff, who was the owner of a lot *340of land in the city of Roanoke, on which there were three houses, executed a deed of trust to secure the payment of the sum of $2,000, which he had borrowed from the appellant. In July following, Huff sold and conveyed a part of the lot to the trustees of the Hnited Brethren Church for $2,600. They paid $600 in cash, and assumed, it is alleged, payment of the debt due the appellant. At or about the same time Huff sold and conveyed another portion of the lot, with a house on it, to W. H. Strickler, one of the trustees of the church.
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