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
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
Affirm the decree.
Reference
- Full Case Name
- Beirne's ex'ors & als. v. Campbell
- Status
- Published