Anderson v. Phlegar

Citations

• 93 Va. 415
• 25 S.E. 107
• 1896 Va. LEXIS 90

Syllabus

<p>1. Estoppel—Recital in deed—Representations.—A grantor in a deed, releasing an existing lien on land in favor of a debt to be secured by a deed of trust thereon, who recites in his deed of release that his mother has become the purchaser of a life estate in the land, and that he has acquired a lien on such life estate by virtue of having paid a part of the purchase money therefor as surety for his mother, is estopped by the recital of his deed from asserting, as against the trust creditor, that he, and not his mother, was the purchaser of said life estate. It is immaterial that the records would show who the purchaser was. Having represented that his mother was the purchaser, and his representations having been acted on by the trust creditor, it must be taken as true.</p> <p>2. Injunctions—Dissolution—Discretion as to retaining case.—Upon the dissolution of an injunction to a sale under a deed of trust, it is within the discretion of the court either to dismiss the bill, or retain it for the purpose of administering the trust. If there are conflicting interests between the parties as to their respective rights and interests they should be decided, and a decree made for the sale of the property and the proper application of the proceeds. But whether the discretion vested in the court has been soundly exercised or not depends upon the facts and circumstances of the particular case.</p>