Russell v. Keeran
Supreme Court of Virginia
James Russell executed a title bond to Thomas Keeran in the penalty of £ 1300. conditioned to make Keeran “ a good and sufficient deed or title to a certain plantation in Shenandoah county, situate on Thom's Brook, containing 405J acres, be the same more or lesswhich title was to be made at the court for Shenandoah county next following the last payment for said plantation.
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James Russell executed a title bond to Thomas Keeran in the penalty of £ 1300. conditioned to make Keeran “ a good and sufficient deed or title to a certain plantation in Shenandoah county, situate on Thom's Brook, containing 405J acres, be the same more or lesswhich title was to be made at the court for Shenandoah county next following the last payment for said plantation. The heirs of lieeran filed a bill in chancery, stating the contract to have been for a certain sum per acre, and not in gross. Their bill alleged that a considerable part of the purchase money had been paid to Russell by…
1Opinion of the CourtBrockenbrough, J.
This is another case in which the question is whether the sale of land is a sale in gross or by the acre.
There is no doubt that where an estate is expressly soW at a certain price by the acre, and there is a deficiency in the number of acres conveyed, the purchaser will be entitled to a compensation for that deficiency. Sugden p. 230. quoting 2 Eq. Ca. Abr. 688. pl. 1.
So too where the land is neither bought nor sold expressly and professedly by the acre, but both parties, in fixing the price for the land, have regard to the quantity which they suppose the estate to consist of, the same rule…
2Cases cited1 opinion
- Wood v. BoughanCourt of Appeals of Virginia · 1798
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