Frayser's Adm'r v. R. & A. R. R.
Supreme Court of Virginia
Appeal from decree of circuit court of city of Richmond, entered June 16, 1884, on petition of William Ferguson, administrator d. b. n. of D. A. W. Frayser, deceased, filed in cause of Ashbell Green and Thomas S. Bocock, Trustees, &c., v. Richmond and Alleghany Railroad Company, intervening to ask payment of a judgment against said company.
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Appeal from decree of circuit court of city of Richmond, entered June 16, 1884, on petition of William Ferguson, administrator d. b. n. of D. A. W. Frayser, deceased, filed in cause of Ashbell Green and Thomas S. Bocock, Trustees, &c., v. Richmond and Alleghany Railroad Company, intervening to ask payment of a judgment against said company. Petitioner obtained said judgment June 11, 1883, and placed the execution in the hands of the sheriff of said city 29th June, 1883, at which time there was in bank in said city to the credit of said cause, certain funds which represented the earnings and…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
By the deed of April 27, 1881, the company conveyed to trustees all its property, including “ all' tolls, income, issues, and profits to be had or derived ” therefrom, to secure the payment of certain bonds and the interest thereon. It was stipulated in the deed that the company should retain possession of the property until default in the payment of the principal or interest of the bonds secured thereby, and that in case of continued default for three months after demand of payment, it should be lawful for the trustees to take possession of the…
2Cases cited4 opinions
- Gilman v. Illinois and Mississippi Telegraph Company. Coykendall, Garnishee v. IdemSupreme Court of the United States · 1876
- American Bridge Co. v. HeidelbachSupreme Court of the United States · 1877
- Puryear v. TaylorSupreme Court of Virginia · 1855
- Noyes v. RichSupreme Judicial Court of Maine · 1862
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- In Re Vienna Park PropertiesUnited States Bankruptcy Court, S.D. New York · 1990
- Davis v. BonneySupreme Court of Virginia · 1893
- In Re Townside Partners, Ltd.United States Bankruptcy Court, W.D. Virginia · 1991
- Principal Mutual Life Insurance Co. v. Atrium Development Co. (In Re Atrium Development Co.)United States Bankruptcy Court, E.D. Virginia · 1993
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