Sergeant v. Linkous
Supreme Court of Virginia
Appeal from decree of circuit court of Tazewell county, pronounced in the chancery cause of Linkous against Sergeant. This suit was brought to enforce a vendor’s lien on a certain tract of land situate in the said county.
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Appeal from decree of circuit court of Tazewell county, pronounced in the chancery cause of Linkous against Sergeant. This suit was brought to enforce a vendor’s lien on a certain tract of land situate in the said county. The land was conveyed with a covenant of general warranty by Linkous, the plaintiff, to the defendant, Sergeant, and a portion thereof having been afterwards recovered of the latter by persons having a better title, the single question in the case related to the measure of compensation to which the defendant was entitled for such deficiency and eviction. It appears from the…
1Opinion of the Court
Lewis, P.,
(after stating the case) delivered the opinion of the court.
The decree is in conformity with the rule which was recognized and enforced in Yost v. Mallicote’s Adm’r, 77 Va. 610, where many of the previous decisions were reviewed by Judge Lacy, who delivered the opinion of the court. And this rule, as wise and just as it is well settled, governs in all cases except where particular circumstances, clearly established, require a departure therefrom.
In Sheffey’s Ex'or v. Gardiner, 79 Va. 313, the latest reported case on the subject, the judgment was reversed, because the circuit court…
2Cases cited4 opinions
- Watson v. HoySupreme Court of Virginia · 1877
- Yost v. Mallicote's Adm'rSupreme Court of Virginia · 1883
- Sheffey's Ex'or v. GardinerSupreme Court of Virginia · 1884
- Firemen's Insurance Co. of New Orleans v. GillinghamSupreme Court of Louisiana · 1842
3Cited by3 opinions
- Phippen v. DurhamSupreme Court of Virginia · 1852
- Phippen v. DurhamSupreme Court of Virginia · 1852
- Phippen v. DurhamSupreme Court of Virginia · 1852