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Channell v. Wilson

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Feb 20, 2018
No. 17-7494 (4th Cir. Feb. 20, 2018)

Summary

In Wilson v. Channell (102 Kan. 793; 175 P. 95) it was held that an indebtedness owing by an heir to his ancestor constitutes an equitable lien upon such heir's distributive share in the ancestor's real property superior to the lien of a judgment existing and docketed against the heir at the time of the ancestor's death, and that after final settlement the interests of the other heirs in the real property are superior to the lien of the judgment creditor.

Summary of this case from Matter of Shanaburgh

Opinion

No. 17-7494

02-20-2018

JAMES EDWARD CHANNELL, Petitioner - Appellant, v. ERIC WILSON, Warden, FCC Petersburg Correctional Institution, Respondent - Appellee.

James Edward Channell, Appellant Pro Se. R. Trent McCotter, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.


UNPUBLISHED

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony John Trenga, District Judge. (1:17-cv-00148-AJT-TCB) Before WILKINSON, FLOYD, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. James Edward Channell, Appellant Pro Se. R. Trent McCotter, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

In this 28 U.S.C. § 2241 (2012) proceeding, James Edward Channell appeals the district court's order granting Respondent's motion for summary judgment. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Channell v. Wilson, No. 1:17-cv-00148-AJT-TCB (E.D. Va. Oct. 17, 2017). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED


Summaries of

Channell v. Wilson

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Feb 20, 2018
No. 17-7494 (4th Cir. Feb. 20, 2018)

In Wilson v. Channell (102 Kan. 793; 175 P. 95) it was held that an indebtedness owing by an heir to his ancestor constitutes an equitable lien upon such heir's distributive share in the ancestor's real property superior to the lien of a judgment existing and docketed against the heir at the time of the ancestor's death, and that after final settlement the interests of the other heirs in the real property are superior to the lien of the judgment creditor.

Summary of this case from Matter of Shanaburgh
Case details for

Channell v. Wilson

Case Details

Full title:JAMES EDWARD CHANNELL, Petitioner - Appellant, v. ERIC WILSON, Warden, FCC…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Feb 20, 2018

Citations

No. 17-7494 (4th Cir. Feb. 20, 2018)

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