Supreme Court of Virginia, 1847

Beirne's ex'ors v. Campbell

Beirne's ex'ors v. Campbell
Supreme Court of Virginia · Decided July 15, 1847 · Allen
4 Va. 125

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.

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