Halsey v. Peters'
Supreme Court of Virginia
Appeal from decree of circuit court of Campbell county, entered 28th February, 1882, in the suit in chancery wherein Edwin S. Halsey was plaintiff and William E. Peters, in his own right and as executor of Don T. C. Peters, deceased, was' principal defendant.
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Appeal from decree of circuit court of Campbell county, entered 28th February, 1882, in the suit in chancery wherein Edwin S. Halsey was plaintiff and William E. Peters, in his own right and as executor of Don T. C. Peters, deceased, was' principal defendant. The object of this suit, instituted in 1880, was to compel specific performance of a parol gift of land and personalty by appellee’s testator in 1876, which was accompanied by delivery of possession, and followed by change of circumstances on part of donee, who gave up his business to accept the gift, and after-wards expended money in…
1Opinion of the CourtLacy, J.
It has been seen that the circuit court, by its decree, confirmed the appellant’s title to the personalty given him by his uncle, and that as to the realty, although satisfied of the fact of the gift, it felt itself constrained to refuse specific execution of title, because in its judgment the plaintiff’s case was defective in being without a conveyance of the legal title or written contract to convey; that he could not compel a conveyance without showing a consideration passing between Don T. O. Peters and himself, and that the proof of such consideration was insufficient.
The question…
2Cases cited6 opinions
- Neale v. NealesSupreme Court of the United States · 1870
- Freeman v. . FreemanNew York Court of Appeals · 1870
- Floyd v. HardingSupreme Court of Virginia · 1877
- Wright v. PucketSupreme Court of Virginia · 1872
- Burkholder v. LudlamSupreme Court of Virginia · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Curran v. MageeMassachusetts Supreme Judicial Court · 1923
- Crim v. EnglandWest Virginia Supreme Court · 1899
- Biern v. RayWest Virginia Supreme Court · 1901
- Fishburne v. FergusonSupreme Court of Virginia · 1888
- Cannon v. CannonSupreme Court of Virginia · 1932
12 more not listed; retrieve them via the Exa API.