Legal Opinion

Mineral Development Co. v. James

Supreme Court of Virginia

Decided September 14, 1899PublishedCited by 5 opinions

Appeal from a decree of the Circuit Court of Wise county, pronounced April 8, 1898, in a suit in chancery, 'wherein the appellee James was the complainant, and the appellant and others were the defendants. This was a suit in chancery for the purpose of having partition of two tracts of land in Wise county, in which, the appellee James claimed an interest, which land was in the possession of the Mineral Development Company.

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Appeal from a decree of the Circuit Court of Wise county, pronounced April 8, 1898, in a suit in chancery, 'wherein the appellee James was the complainant, and the appellant and others were the defendants. This was a suit in chancery for the purpose of having partition of two tracts of land in Wise county, in which, the appellee James claimed an interest, which land was in the possession of the Mineral Development Company. The Mineral Development Company claimed to be the owner in fee of both tracts, and denied all interest or estate in J ames. The Mineral Development Company claimed,-…

1Opinion of the Court

Riely, J.:

The determination of the matter in controversy in this case may he said to depend mainly upon the nature of the instrument of April 18, 1882. If it be not a deed of conveyance but an executory contract, which was fulfilled by the deed of November I, 1888, there is no error in the decree of the Circuit Court.

The instrument referred to has many of the characteristics of a deed of conveyance. It begins with the words, “ This indenture,” instead of “ This agreement,” or “ This contract,” which are the words generally used, where only a contract is intended. It also contains the…

2Cases cited4 opinions

  1. Williams v. PaineSupreme Court of the United States · 1898
  2. Jackson ex dem. Ludlow v. MyersNew York Supreme Court · 1808
  3. Jackson ex dem. Shipley v. MoncriefNew York Supreme Court · 1830
  4. Chapman v. GlassellSupreme Court of Alabama · 1848

3Cited by5 opinions

  1. Annon v. LucasWest Virginia Supreme Court · 1971
  2. Wilson v. Buffalo Collieries Co.West Virginia Supreme Court · 1916
  3. Sutherland v. MunseySupreme Court of Virginia · 1916
  4. McClung v. Sewell Valley RailroadWest Virginia Supreme Court · 1931
  5. Annon v. LucasWest Virginia Supreme Court · 1971

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