Stuart's Ex'ors v. Abbott
Supreme Court of Virginia
This was a suit by the executors of Archibald Stuart deceased, against St. Clair Abbott and William Brown, to subject a tract of land in the possession of Brown for a balance of purchase money due from Abbott to Stuart’s executors. In June 1823, Archibald Stuart sold to Abbott a tract of land then in the county of Monroe, but now in the county of Mercer, for 300 dollars, retaining the title.
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This was a suit by the executors of Archibald Stuart deceased, against St. Clair Abbott and William Brown, to subject a tract of land in the possession of Brown for a balance of purchase money due from Abbott to Stuart’s executors. In June 1823, Archibald Stuart sold to Abbott a tract of land then in the county of Monroe, but now in the county of Mercer, for 300 dollars, retaining the title. In 1826 Abbott made payments amounting to about 212 dollars 85 cents, and in 1829 he paid 6 dollars. In 1831 he sold the land to William Brown for 300 dollars, who paid him 210 dollars of the purchase…
1Opinion of the CourtSamuels, J.
It is somewhat doubtful Whether the receipt given by Gerard B. Stuart, one of the executors, to the defendant William Brown, should be regarded as intended to make a new and substantive contract variant from that made by the testator in his lifetime with the defendant Abbott. Conceding, however, that it was so intended, yet under the circumstances of the case, it should not be allow'ed to have that effect. There were three representatives (of whom Gerard B. Stuart was one) charged with the official duty of collecting the assets of the estate; and with the further .duty of conveying the land…
2Cited by1 opinion
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