Beirne's ex'ors v. Campbell

Supreme Court of Virginia
Beirne's ex'ors v. Campbell, 4 Va. 125 (Va. 1847)
Allen

Beirne's ex'ors v. Campbell

Dissenting Opinion

Allen, J.

dissented. He was of opinion that the trustees and cestuis que trust had no actual notice of Campbell’s lien, either when Burke’s deed was made or when Dunlap conveyed to Burke; and that the retention of the title by the first vendor was not a constructive notice of the subsequent vendor’s lien; and. therefore Beirne having the legal title was entitled to the benefit of the defence of purchaser for value without notice.

Opinion of the Court

Ex the Court.

Affirm the decree.

Reference

Full Case Name
Beirne's ex'ors & als. v. Campbell
Status
Published