Moore v. Steelman

This record has been reviewed for basic accuracy, correcting any discovered errors.
Docket No. Op. Below Argument Opinion Author Term
- - - - - - March 19, 1885 Bichaudson, J., 1885

Holding

Appeal from decree of circuit, court of Chesterfield comity, entered March 3rd, 1883, in the cause of J. S. Moore and J. M. (Iregory, trustee, against Jeremiah Steelman and others.

In October, 1881, David E. Porter, by writing, sold to Steel-man ten thousand cords of wood, to be cut in said county and delivered by a certain time on the Brighthope railroad, and there ricked for measurement and receipt, and to be paid for when so received. Steelman had advanced $5,000 on the contract. Porter became embai’rassed and unable to fulfill the contract, and about the last of June, 1882, by parol contract, sold all the wood he had cut and corded in the said county, and particularly on the Brander tract, to Steelman, in order to refund the $5,000. But by trust deed, executed June 5th, 1882, but not recorded until August 2nd, 1882, the day after Porter died, the latter conveyed the Brander tract, and all the wood cut and corded on it, to Gregory, trustee, to secure a debt of $1,500 to Moore. Steelman had no notice of this trust deed-until after it was recorded; and had taken possession of the wood cut and corded on that tract, and was removing it to the railroad, when Moore and the trustee obtained an injunction. Steelman answered the bill, denying all the allegations whereon are based the alleged grounds of equity interposition, and the circuit court dissolved the injunction, and Moore and the trustee appealed.

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