Stuart & Palmer v. Heiskell's Trustee
Supreme Court of Virginia
Appeal from decree of circuit court of Washington county, rendered October 9, 1888, in the cause of Daniel Trigg, trustee of William K. Heiskell, complainant, against W. S. Stuart and G. W. Palmer, defendants. The case is sequel to Massie’s Adm’r v. Heiskell's trustee, 80 Va., 789. The decree being unfavorable to complainant, he appealed.
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
The first assignment of error in the petition for appeal, is that the circuit court erred in treating as payments, instead of *192set-offs, the sums paid by the appellants in discharging incumbrances on the Claiborne interests in the King salt-works.
The facts in relation to the matter are these: In October, 1862, Thos. L. Preston conveyed with general warranty to the appellants, his interest in the said salt-works, and at the same time left in their hands $3,000, for the purpose of removing incumbrances on the jwoperty conveyed. It afterwards turned…
2Cases cited2 opinions
- Massie's Adm'r v. Heiskell's TrusteeSupreme Court of Virginia · 1885
- Stuart & Palmer v. PrestonSupreme Court of Virginia · 1885
3Cited by9 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- CTC Inv. Co. v. Daniel Boone Coal CorporationDistrict Court, E.D. Kentucky · 1931
- Stuart's Ex'or v. PeytonSupreme Court of Virginia · 1899
- Keaton v. ShiflettSupreme Court of Oklahoma · 1936
- United States v. Denver & Rio Grande RailroadNew Mexico Supreme Court · 1901
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