Cases Decided in the Supreme Court of Appeals of Virginia Volume 31

Cases Decided in the Supreme Court of Appeals of Virginia Volume 31

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1834 edition. Excerpt: that the controversy which remained to be decided, was that between Beck and the other defendants. The chancellor, on the hearing, dismissed the bill: from which decree, Beck by petition to this court, prayed an appeal; which was allowed. The cause was argued by Harrison and Stanard for the appellant, and by Johnson for the appellee. I. The first question was a question of fact; namely, whether, after the parol agreement between Benjamin De Baptist and his brothers, John and William, whereby he transferred to them the benefit of his purchase of the lot ' from Head, and they undertook to perform the contract on the part of the purchaser, Benjamin made a deed to John and William conveying to them his equitable interest in the subject? The proofs furnished reason to justify an inference, that there was such a deed executed; but the evidence on the point, was certainly not decisive. II. Supposing no such deed from Benjamin to John and William was executed, and that the transfer of the contract of purchase by him to them, was by parol agreement, the question arose, whether the statute of frauds affected the validity of the parol contract of transfer by Benjamin to John and William, of his equitable interest in the subject under the articles of agreement with Head? The counsel for the appellant maintained, 1. that the statute of frauds had no manner of application to the case; that the only rights Benjamin had, were those he held under his executory contract with Head, which was in writing, as the statute required; that the statute applied to the sale of legal titles, or at most equitable titles perfected, not to the transfer of executory rights under executory contracts for the sale and purchase of land; that as the executory contract might...
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Product details

  • Paperback | 248 pages
  • 189 x 246 x 13mm | 449g
  • English
  • Illustrations, black and white
  • 1236928210
  • 9781236928214