Græme v. Cullin

Citations

• 23 Va. 266

Syllabus

<p>1. Deed of trust to two trustees to secure debts, empowers the two, or either of them, to sell upon the demand of the creditor, Qne 0£ jjje trygjggg refuses to unite in the sale, the other may make a valid sale.</p> <p>2. The house on the lot in a city conveyed in trust is burned down, and the grantor in the deed employs workmen to build another house, upon an agreement to give them a lien upon the lot and house for the cost of the building. The workmen are not informed of the first lien, until they have nearly completed the work, though it was duly recorded. The whole property is subject to satisfy the first lien.</p> <p>3. The act, eh. 135, s. 30-34, “concerning the action of ejectment,” and the act, ch. 136, concerning the allowance for improvements,” do not apply to this case. They are confined to cases of ejectment, or cases in which a decree or judgment is rendered against any defendant for land.</p> <p>4. Though the builders have obtained a second deed of trust on the property, and claim that only the value of the lot without the house should be applied to satisfy the first lien, this is not such a cloud on the title as forbade the trustee to sell under the first deed; especially as the grantor in the deeds had obtained an injunction to a sale of the property on that ground; which liad been dissolved before the advertisement of the second sale.</p> <p>5. The trustee should sell according to the provisions of the deed.</p> <p>6. In what eases, and upon what principles, a party making- permanent improvements upon land, which belongs to another, will be allowed compensation therefor; see the opinion of Mon-cure, P.</p> <p>7. A vendor of a house and lot transfers to the vendee an insurance policy upon the house, and takes a deed of trust .upon the house and lot to secure the purchase money. The house is afterwards consumed by fire. The debt not being paid, the vendor is not bound to pursue the insurance company, but may enforce payment by sale of the house and