Difference between revisions of "Tinsley v. Anderson"
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| − | [[File:WytheAmblerVWyld1852.jpg|link= | + | [[File:WytheAmblerVWyld1852.jpg|link={{filepath:CallsReports1854V3TinsleyvAnderson.pdf}}|thumb|right|300px|First page of the opinion [[Media:CallsReports1854V3TinsleyvAnderson.pdf |''Tinsley v. Anderson'']], in [https://catalog.swem.wm.edu/law/Record/2099031 ''Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia''], by Daniel Call. 3rd ed., ed. Lucian Minor. Richmond: A. Morris, 1854.]] |
[[Media:CallsReports1854V3TinsleyvAnderson.pdf |''Tinsley v. Anderson'']], 7 Va. (3 Call) 285 (1802),<ref>Daniel Call, ''Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia,'' 3rd ed., ed. Lucian Minor (Richmond: A. Morris, 1854), 3:285. [[George Wythe]] owned the [[Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia|first edition]] of this set.</ref> was a creditor/debtor case. | [[Media:CallsReports1854V3TinsleyvAnderson.pdf |''Tinsley v. Anderson'']], 7 Va. (3 Call) 285 (1802),<ref>Daniel Call, ''Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia,'' 3rd ed., ed. Lucian Minor (Richmond: A. Morris, 1854), 3:285. [[George Wythe]] owned the [[Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia|first edition]] of this set.</ref> was a creditor/debtor case. | ||
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==Background== | ==Background== | ||
| − | Nelson Anderson sued Richard Anderson in the High Court of Chancery. Nelson alleged that Richard, an insolvent debtor, held property encumbered by debt. Nelson argued that the property’s equity was more than enough to pay Richard’s creditors and enable himself to collect repayment as well. Nelson requested that the Court decree a sale of the property | + | Nelson Anderson sued Richard Anderson in the High Court of Chancery. Nelson alleged that Richard, an insolvent debtor, held property encumbered by debt. Nelson argued that the property’s equity was more than enough to pay Richard’s creditors and enable himself to collect repayment as well. Nelson requested that the Court decree a sale of the property otherwise there would be no other way for him to obtain relief. After Richard’s answer was filed in September 1796, several other creditors joined as plaintiffs to Nelson’s suit. One such creditor was Thomas Tinsley, the administrator of Charles Tinsley. Thomas claimed that he had judgments against Richard by a trust deed. |
===The Court's Decision=== | ===The Court's Decision=== | ||
In March 1791, Chancellor Wythe decreed a sale. Eight years later, Wythe ordered the proceeds of the sale be applied first to the mortgages and judgments according to priority, and the remaining balance to the creditors proportionally. Not pleased with Wythe’s method of allocation, Thomas appealed to the Court of Appeals. The Court of Appeals affirmed Wythe’s decision, but declared the proceeds of the sale should be distributed another way. | In March 1791, Chancellor Wythe decreed a sale. Eight years later, Wythe ordered the proceeds of the sale be applied first to the mortgages and judgments according to priority, and the remaining balance to the creditors proportionally. Not pleased with Wythe’s method of allocation, Thomas appealed to the Court of Appeals. The Court of Appeals affirmed Wythe’s decision, but declared the proceeds of the sale should be distributed another way. | ||
Revision as of 14:22, 23 July 2018
First page of the opinion Tinsley v. Anderson, in Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia, by Daniel Call. 3rd ed., ed. Lucian Minor. Richmond: A. Morris, 1854.
Tinsley v. Anderson, 7 Va. (3 Call) 285 (1802),[1] was a creditor/debtor case.
Background
Nelson Anderson sued Richard Anderson in the High Court of Chancery. Nelson alleged that Richard, an insolvent debtor, held property encumbered by debt. Nelson argued that the property’s equity was more than enough to pay Richard’s creditors and enable himself to collect repayment as well. Nelson requested that the Court decree a sale of the property otherwise there would be no other way for him to obtain relief. After Richard’s answer was filed in September 1796, several other creditors joined as plaintiffs to Nelson’s suit. One such creditor was Thomas Tinsley, the administrator of Charles Tinsley. Thomas claimed that he had judgments against Richard by a trust deed.
The Court's Decision
In March 1791, Chancellor Wythe decreed a sale. Eight years later, Wythe ordered the proceeds of the sale be applied first to the mortgages and judgments according to priority, and the remaining balance to the creditors proportionally. Not pleased with Wythe’s method of allocation, Thomas appealed to the Court of Appeals. The Court of Appeals affirmed Wythe’s decision, but declared the proceeds of the sale should be distributed another way.
See also
References
- ↑ Daniel Call, Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia, 3rd ed., ed. Lucian Minor (Richmond: A. Morris, 1854), 3:285. George Wythe owned the first edition of this set.
