Phelps v. Seely
Supreme Court of Virginia
In October 1866, Mary A. Seely brought her suit in equity in the Circuit court of Augusta county, against Pacbel Phelps and others purchasers from her, to enjoin the defendants from taking possession of a lot of ground in Staunton, and to redeem what she alleged was intended to he a mortgage upon the lot The bill stated that about the year 1816, Horace Seely, the father of the plaintiff, purchased of A. H. H. Stuart lot Ho. 16 in the town of Staunton, containing one acre;…
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In October 1866, Mary A. Seely brought her suit in equity in the Circuit court of Augusta county, against Pacbel Phelps and others purchasers from her, to enjoin the defendants from taking possession of a lot of ground in Staunton, and to redeem what she alleged was intended to he a mortgage upon the lot The bill stated that about the year 1816, Horace Seely, the father of the plaintiff, purchased of A. H. H. Stuart lot Ho. 16 in the town of Staunton, containing one acre; that he took possession of it, and improved it by erecting a dwelling thereon, and occupied it until his death in 1854;…
1Opinion of the CourtBouldin, J.
It is perhaps unnecessary to decide in this case, whether the written contract of the 11th of July 1843, between Stuart and Seely, could be waived or rescinded by a subsequent parol agreement, as it is apparent, as well from the theory of the bill, as from the proofs in the cause, that all that was done by Stuart in that respect, was done not only with the full knowledge and consent of Seely, but in fact at his instance and request. Under such circumstances Seely would be estopped in a court of equity from setting up any claim or interest in himself in derogation of the act of Stuart, thus…
2Cited by24 opinions
- Troll v. CarterWest Virginia Supreme Court · 1879
- Borst v. NalleSupreme Court of Virginia · 1877
- Moorman v. ArthurSupreme Court of Virginia · 1894
- Throckmorton v. ThrockmortonSupreme Court of Virginia · 1895
- Jordan v. KatzSupreme Court of Virginia · 1893
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