Hunter v. Beach

Citations

• 80 Va. 361
• 1885 Va. LEXIS 74

Syllabus

<p>Construction of Deeds' — Case at bar.- — In lS(i5, H. conveyed in trust, to secure a debt to B., the west half of his land, whereon a debt to M. had already been secured. In 1876, H. conveyed the east half in trust, to secure, (1) the interest on a debt to D., and (2) the interest and principal of the other debts secured on any portion of said land, out of the rents, &c., thereof, during five years; and in trust that, if the debt to D. was not paid in that period, then the trustee should sell the property, and pay (1) the debt to D ; (2), anything remaining of the other debts therein provided for; and (3), the remainder to H. In 1880, H. contracted to marry S., and, in consideration of the marriage, conveyed to her the east half. The west half was sold under a decree of court, and its proceeds were consumed in paying the debt to M., leaving B. no other security than the trust on the east half; and the debt to D. being overdue and unpaid, B., in 1881, brought his suit to enforce said trust for his own benefit, subject to D.’s debt.</p> <p>Held:</p> <p>B.’s debt is embraced in the deed of trust on the east half, subject to D.’s debt.</p>