Harvie v. Banks
Supreme Court of Virginia
This was a suit brought in the Richmond chancery court, by Henry Banks against Jacqueline B. Harvie, devisee of John Harvie deceased, John B. Harvie and Lewis Harvie, infant heirs of Edwin James Harvie deceased, by the said Jacqueline B. Harvie, their guardian, and William Brockenbrough, administrator of Edwin Harvie, deceased, and administrator de bonis non of John Harvie deceased.
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This was a suit brought in the Richmond chancery court, by Henry Banks against Jacqueline B. Harvie, devisee of John Harvie deceased, John B. Harvie and Lewis Harvie, infant heirs of Edwin James Harvie deceased, by the said Jacqueline B. Harvie, their guardian, and William Brockenbrough, administrator of Edwin Harvie, deceased, and administrator de bonis non of John Harvie deceased. The case presented by the bills, answers, &c., is in substance as follows. 1yi the year 1795, Henry Banks purchased of John Hart ie, certain lands in the neighbourhood of Richmond, and executed a mortgage on the…
1Opinion of the Court
March 27.—Judge
Coalter,
delivered the opinion of the court.
The court is of opinion, that the agreement entered into between Henry Banks and John Harvie, of the 26th of April, 1800, as modified by that of July 9th, 1802, mentioned in the proceedings in this cause, in relation to the lands in Henrico county, are not to be considered as amounting to an executed lease fx'om Harvie to Banks, hut a covenant to make such lease, on Banks’s performing his part of these agreements; and that the said Banks, has not shewn himself entitled to claim a specific execution of the said contracts, in as much as…
2Cited by6 opinions
- Cox v. CoxSupreme Court of Virginia · 1875
- Brothers v. Moore, Clemens & Co.Supreme Court of Virginia · 1908
- Cleavenger v. SturmWest Virginia Supreme Court · 1906
- Hanna v. WilsonSupreme Court of Virginia · 1846
- Hanna v. WilsonSupreme Court of Virginia · 1846
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