Kirby v. Goodykoontz

Citations

• 26 Va. 298
• 26 Gratt. 298

Syllabus

<p>1. Where a trustee in a deed to secure creditors has received in June 1861 in good money, a part of the trust fund applicable to pay a creditor who is ready to receive payment, his investment of the fund in Confederate bonds, under an order of the court made on his motion in a suit which he had brought for the administration of the trust, is invalid, and he continues liable for the fund; and this whether the creditor was or was not a party in the suit.</p> <p>2. In this case the court below, whilst giving a decree in favor of the creditor for his debt, disallowed the interest on the debt during the war. On appeal by the trustee the decree of the court below was affirmed generally.</p>