Gay v. Hancock

Decided March 15, 1822

Supreme Court of Virginia · decided 1822-03-15

This was an appeal from an order of the chancellor, of the Richmond district, dissolving an injunction obtained by the appellant against the appellees, to stop them from proceeding under a deed of trust. The case was this : Gay purchased of Hancock, a tract of land called Chester Hill, the purchase money to be paid by instalments. He took a deed with general warranty from Hancock, and gave a deed of trust on the land itself to secure the purchase money.

Decided 1822-03-15

Judge Bkooke,

¶1delivered the opinion of the court,* that it was error to dissolve the injunction, until the cloud, resting on the title in consequence of the claim of Ross, was removed. Therefore, it is decreed and ordered, that the order aforesaid be reversed and annulled j and that the injunction be re-instated, and the cause remanded to the court of chancery, to be further proceeded in.

¶2 Judge Roane absent from indisposition.