Hanna v. Wilson
Supreme Court of Virginia
In December 1843,' Joseph Hanna filed his bill in the Superior Court of the county of Greenbrier, against James B. Wilson ajid David Watts, in which he charged that Wilson, by a certain writing duly executed, on the 5th of November 1838,. bound himself to pay to David Watts, the sum of 154 dollars 34 cents, and that Watts had assigned the same to the plaintiff, for value. That this debt was a part of the purchase money of a tract of land sold by Watts to Wilson.
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In December 1843,' Joseph Hanna filed his bill in the Superior Court of the county of Greenbrier, against James B. Wilson ajid David Watts, in which he charged that Wilson, by a certain writing duly executed, on the 5th of November 1838,. bound himself to pay to David Watts, the sum of 154 dollars 34 cents, and that Watts had assigned the same to the plaintiff, for value. That this debt was a part of the purchase money of a tract of land sold by Watts to Wilson. That Watts had executed a deed to Wilson for the land, and tendered it to him, and demanded the purchase money, but that Wilson…
1Opinion of the CourtAllen, J.
The Court is of opinion, that as by the contract between David Watts and James B. Wilson, the former was only bound to make a deed for the land upon the payment of the purchase money, it would have been competent for the vendor at any time whilst he retained the legal title as a security for the payment of the purchase money, to have filed a bill for the specific execution of the contract; and to subject the land to sale, for the purchase money in arrear; and this right in equity, under such circumstances, could not be affected by any lapse of time, short of the period sufficient to raise the…
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3Cited by1 opinion
- Hanna v. WilsonSupreme Court of Virginia · 1846