Ward v. Funsten
Supreme Court of Virginia
Appeal from decree of circuit court of Frederick county, entered at its March term, 1889, on the petition filed hy Emily R. Funsten and others, in the chancery suit of IT. H. McGuire v. O. B. Funsten and others. This was a suit in equity, brought soon after the late Avar, in the circuit court of Clarke county, by Dr. Hugh H. McGuire, for the enforcement of a contract for the sale of a tract of land, situate in. that county.
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Appeal from decree of circuit court of Frederick county, entered at its March term, 1889, on the petition filed hy Emily R. Funsten and others, in the chancery suit of IT. H. McGuire v. O. B. Funsten and others. This was a suit in equity, brought soon after the late Avar, in the circuit court of Clarke county, by Dr. Hugh H. McGuire, for the enforcement of a contract for the sale of a tract of land, situate in. that county. The balance of purchase money due by the complainant, amounting to upAvards of $1,000, Avas ordered to be invested for the benefit of the avícIoav and children of the…
1Opinion of the Court
Lewis, P.,
(after stating the case'as above,) delivered the opinion of the court.
The first point made by the appellant is, that the circuit court erred in re-instating the cause on the docket, (1) because the decree of May term, 1868, finally ended it; and (2) because the petition filed by the appellant is not germane to the original subject of controversy. In other words, that the suit, which was brought by McGuire for the specific performance of a contract for the sale of land, has no connection with the controversy between the appellant, as trustee, and the appellees.
This position, we…
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