Tabb v. Tabb

Citations

• 82 Va. 48
• 1886 Va. LEXIS 6

Syllabus

<p>Lands—Charges—Satisfaction—Sales free from encumbrances—Case at bar.—Testator devised lands to J. charged with an annuity to P. To pay it J. sold “White Marsh.” In a suit, J. convened the annuitant, P., and the purchaser, H. The court, with the assent of P., ratified the sale, allowed J. to collect one-third of the purchase money for his own use, and secured two-thirds on “White Marsh,” the interest thereon to be paid to P. so as to meet the annuity. For several years all went well. But H. failed. The court resold “White Marsh ” for a sum insufficient to raise the annuity. P. instituted suit to subject the other lands to supply the deficiency. It was decided by this court (see 78 Va. 313) that the said arrangement exonerated “White Marsh,” at least, from the encumbrance of the annuity. After selling “White Marsh” in 1870, J. purchased “ Ditchley.” In 1872 he made a trust deed on it to secure a debt to the P. E. T. Seminary. In March, 1884, sale was advertised under the trust deed. P. filed his bill alleging that “Ditchley” had been paid for by J. with part of the proceeds of the sale of “White Marsh,” and was therefore liable for the deficiency of his annuity, and obtained an injunction to the sale.</p> <p>Held :</p> <p>The interest on the deferred payment secured on “White Marsh”' was made payable to P. as an equivalent for the annuity given him by the will, so far at least, as the annuity affected “White Marsh,” or the amount of the proceeds of sale which was paid to J.; and even if “Ditchley ” was paid for with money so paid to J., no charge thereon would attach in favor of P.</p>