Darlington v. M'Coole
Supreme Court of Virginia
Darlington exhibited his bill against John M’ Coole the younger, in the superiour court of chancery of Winchester, setting forth, that in May 1802, he married Catharine a daughter of John Ml Coole the elder, of Frederick county.
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Darlington exhibited his bill against John M’ Coole the younger, in the superiour court of chancery of Winchester, setting forth, that in May 1802, he married Catharine a daughter of John Ml Coole the elder, of Frederick county. That, before the marriage, and in contemplation thereof, M’ Coole the father wrote him a letter, wherein he promised him-a place called The Falling Waters, being a piece of land parcel of the tract on which Ml Coole lived, and though this letter was lost, its contents could be proved; and that, upon his mentioning, at breakfast, the second morning after the marriage,…
1Opinion of the Court
Brooke, President,
delivered the opinion of the court? The appellant, in his bill, without noticing the death of his first wife, or the existence of his daughter by her, or his second marriage and his issue by that marriage, claims for himself, a conveyance in fee of the land on which he had settled, on two distinct grounds; first, a promise made him by his father-in-law, by letter before the marriage; and, secondly, an agreement after the marriage, to give the land to him, in consideration of his relinquishing a valuable contract he had made with Vanmeter.
Of the letter before the marriage,…
2Cited by14 opinions
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- Miller v. LorentzWest Virginia Supreme Court · 1894
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- Sayers v. WallSupreme Court of Virginia · 1875
- Forward v. ArmsteadSupreme Court of Alabama · 1847
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