Fudge v. Payne
Supreme Court of Virginia
Appeal from two decrees of circuit court of Alleghany county, rendered August 28, 1886, and March 30, 1887, in the chancery cause wherein Sarah Ann Payne and John H. Oliver are complainants and Joseph T. Fudge, George T. McClintic, and James G. Kincaid are defendants.
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Appeal from two decrees of circuit court of Alleghany county, rendered August 28, 1886, and March 30, 1887, in the chancery cause wherein Sarah Ann Payne and John H. Oliver are complainants and Joseph T. Fudge, George T. McClintic, and James G. Kincaid are defendants. The object of the suit was to reform a deed whereby the defendant Kincaid conveyed certain lands to those under whom the complainants claimed on the ground of a mutual mistake so as to make it conform to the intention of the parties. The circuit court reformed the deed according to the prayer of the bill, and the defendants…
1Opinion of the CourtLacy, J.
On the 20th of July, 1869, John L. Peyton sold to James 0. Ivincaid two thousand acres of land in the Falling Spring Valley, in Alleghany county, at the price of $12,000—$4,000 to be paid in cash and the residue on long credits. On the 4th day of August, 1869, the said James C. Kincaid sold to the appellees, Payne and Oliver, a part of this land for $2,000, this being described in the contract as “ lying and being in the Falling Spring Valley, county of Alleghany, containing five hundred and seventy-eight acres, more or less, and generally known as ‘the loop.’” On'the 13th of August, 1869,…
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