Tyler v. Toms
Supreme Court of Virginia
In March, 1857, Mary E. Toms and six others, her sisters, who were infants suing hy their next friend, filed their hill in the circuit court of Hanover county against Ohediah Archer, in which they stated that their mother, in her lifetime, had purchased a small tract of fifty acres of land from said Archer for which they believed she had paid; but the said Archer insisted there was a balance still due for the land, and he refused to convey the land to her.
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In March, 1857, Mary E. Toms and six others, her sisters, who were infants suing hy their next friend, filed their hill in the circuit court of Hanover county against Ohediah Archer, in which they stated that their mother, in her lifetime, had purchased a small tract of fifty acres of land from said Archer for which they believed she had paid; but the said Archer insisted there was a balance still due for the land, and he refused to convey the land to her. Archer died before answering the bill, and the plaintiffs filed an amended bill making his executor and devisees defendants, and say that…
1Opinion of the CourtStaples, J.
The decree of the circuit court of Hanover, in the case of Toms v. Archer et als., directed the land which is the subject of controversy to be sold on a credit of four, eight and twelve months, except so much as was necessary to pay costs and charges of sale. The sale was accordingly made on the 18th of May, 1858, by Messrs. Newton and Richardson, the commissioners appointed. At that sale the appellant became the purchaser—he made a cash payment which was more than sufficient to satisfy the costs and charges of sale, and he executed his three bonds for the deferred installments of the…
2Cases cited1 opinion
- Hess v. RaderSupreme Court of Virginia · 1875
3Cited by13 opinions
- Blair v. CoreWest Virginia Supreme Court · 1882
- Hall v. LowtherWest Virginia Supreme Court · 1883
- Donahue v. FacklerWest Virginia Supreme Court · 1882
- Whitehead v. BradleySupreme Court of Virginia · 1891
- Flesher v. HaslerWest Virginia Supreme Court · 1887
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