Gannaway v. Tate
This text of 37 S.E. 768 (Gannaway v. Tate) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
By the Court.
A deed of trust executed March 6, 1899, conveyed, inter alia, a lot of ewes, to secure a debt of the grantors. It made no mention of the increase of the ewes. The lamhs weaned in the following winter were sold, and the price thereof garnisheed, in the hands of the purchaser, by an execution creditor of one of the grantors. The only question presented was whether the trust creditor or the execution creditor was entitled to the fund.
The Circuit Court held that the increase of the ewes was subject to the trust deed, and adjudged the fund to the trustees. Prom that judgment the execution creditor applied for a writ of error, which is refused.
The question of the right of a purchaser who had paid for the increase was not involved.
Writ of error refused.
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Cite This Page — Counsel Stack
37 S.E. 768, 98 Va. 789, 1900 Va. LEXIS 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gannaway-v-tate-va-1900.