In re Hutchinson

E.D. Virginia

In re Hutchinson

12 F. Cas. 1082, 2 Hughes 245, 1877 U.S. Dist. LEXIS 157

DecidedApril 17, 1877

StatusPublished

This text of 12 F. Cas. 1082 (In re Hutchinson) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Hutchinson, 12 F. Cas. 1082, 2 Hughes 245, 1877 U.S. Dist. LEXIS 157 (E.D. Va. 1877).

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Opinion

HUGHES, District Judge.

This was a joint bond. The indorsement made by-one of the Hutchinsons agreeing to pay twelve per cent., and to pay interest semi-annually, did not bind R. L. Hutchinson, and did not invalidate the bond as a lien upon the land. It did not at all affect the bond as to R. L. Hutchinson, or as to subsequent lienors. Therefore the bond must be paid off by the assignee as the first lien binding the property; and the payments which have been made must be credited at the rate of six per cent, per annum, payable annually, and not at the rate of twelve per cent., payable semi-annually. The agreement between W. F. Hutchinson and the holder of the bond is good to bind Hutchinson individually, but not to bind his brother, and not to affect the rights of junior lienors.

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HUGHES, District Judge.

This was a joint bond. The indorsement made by-one of the Hutchinsons agreeing to pay twelve per cent., and to pay interest semi-annually, did not bind R. L. Hutchinson, and did not invalidate the bond as a lien upon the land. It did not at all affect the bond as to R. L. Hutchinson, or as to subsequent lienors. Therefore the bond must be paid off by the assignee as the first lien binding the property; and the payments which have been made must be credited at the rate of six per cent, per annum, payable annually, and not at the rate of twelve per cent., payable semi-annually. The agreement between W. F. Hutchinson and the holder of the bond is good to bind Hutchinson individually, but not to bind his brother, and not to affect the rights of junior lienors.

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Bluebook (online)

12 F. Cas. 1082, 2 Hughes 245, 1877 U.S. Dist. LEXIS 157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hutchinson-vaed-1877.