Pleasants v. Flood's Adm'r

Citations

• 89 Va. 96
• 15 S.E. 504
• 1892 Va. LEXIS 76

Syllabus

<p>Heirs and Distributees—•Purchase of encumbered land—Primary fund— Case at bar.—A farm encumbered by trust and other liens was granted by husband to wife’s use. She enjoined sale under trust deed, alleging it had been satisfied, and that before becoming aware of its satisfaction she had made payments, and prayed for account of liens and payments. Eeport showed first lien to be the trust debt, and the second her own, for moneys paid by her. Sale was decreed. She purchased the land and paid the cash, and gave her bonds for the deferred payments, and then died. Her heirs petitioned the court to require the bonds to be paid out of her personal estate, to the exoneration of the land, which descended on them.-</p> <p>Held :</p> <p>Under the circumstances, the land, and not the personalty, is primarily bound for the payment of those bonds, as the purchase was simply a mode of getting rid of the liens paramount to those owned by her, and was a personal undertaking that was merely collateral, and did not release the land from its primary liability under the trust deed. But this is material only as between her heirs and her distributees.</p>