Jackson v. Heiskell
Supreme Court of Virginia
In a suit brought in the superiour court of chancery of Clarksburg, in June 1825, by the appellee, Heiskell, against Thompson, Willson, and the appellant, Jackson, the case alleged and proved to the satisfaction of the chancellor and of this court, was thus : Thompson bought of Willson, a lot in Clarksburg, for 150 dollars.
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In a suit brought in the superiour court of chancery of Clarksburg, in June 1825, by the appellee, Heiskell, against Thompson, Willson, and the appellant, Jackson, the case alleged and proved to the satisfaction of the chancellor and of this court, was thus : Thompson bought of Willson, a lot in Clarksburg, for 150 dollars. The contract was merely verbal: but Thompson immediately took possession of the lot, according to the bargain, with Willson's knowledge; paid him the greater part of the purchase money; and built a dwelling-house and out-houses upon it. Willson, however, never made him any…
1Opinion of the CourtCarr, J.
Though several questions were raised and discussed, in the argument of this cause, there is but one which seems to me worthy of consideration by the court. That is a question wholly new, and very important. I sincerely wish, therefore, that it had been heard by a full court. It was said at the bar, that there is another case in court involving the same point: and, so far as I am concerned, I shall be perfectly willing, when that shall come before us, to hear the point again argued.
The question arises upon the 10th section of the statute concerning executions; a provision first introduced at…
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