Virginia Reports; Jefferson--33 Grattan, 1730-1880 Volume 5-10
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. 1903 edition. Excerpt: ...the execution levied on them, whereby he was evicted of the title and possession. Taliaferro appealed to this court. 62 The cause was argued here, by Johnson for the appellant and Harrison and Stanard for the appellee, upon its general merits, in the discussion of which, the several contracts between Taliaferro and Mrs. Alexander, and the character and effect of them, were minutely scanned, and the question a to the probable terms of the contract between Taliaferro and Foote, and consequently the effect of that contract, examined. But Johnson took an objection to the jurisdiction of the court of chancery to relieve in such a case, which was held fatal. CARR, J., delivered the opinion of the court, That the case made by the bill was not within the jurisdiction of a court of equity. A good deal is said in the bill, about the deed of 1802, the deed of 1804, the deed of 1808 and of 1816--but these make no part of the case on which relief is asked; nothing is charged with respect to them, or put in issue. If the bill had charged what has been advanced in the argument here, that the execution of the deed of 1808 was procured by Taliaferro from his sister Mrs. Alexander, by fraud, deception, or imposition, that would have given jurisdiction; but, as the case stands, that deed evidences a sale by her of a reversion, for a valuable consideration, with warranty. The bill should have stated such facts, in such a way, as would give the court jurisdiction. But the case on which the plaintiff asks relief is, in substance, this: that he became the purchaser of a parcel of slaves from the defendant, the" title of which afterwards failed, and that the defendant is liable on his warranty of title, to make good to the plaintiffs the damages he...
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