Legal Opinion

Payne v. Simmons

Supreme Court of Virginia

Decided November 26, 1986No. Record 831245PublishedCited by 11 opinions

1Opinion of the CourtRussell, J.

This is a chancery suit by a seller of land for rescission of a deed. The seller contends that the deed was procured by fraud and that the consideration paid was so grossly inadequate as to shock the conscience of the court.

Rupert C. Payne received a deed from his parents in 1949 conveying to him a family farm containing approximately 50 acres and a home, located near Orlean, in Fauquier County. He had lived on the property since birth, except for a period of military service, and continued to reside there until September 13, 1971, when he conveyed it to his cousin, Chloe E. Simmons, and…

2Cases cited8 opinions

  1. Fishburne & Wife v. Ferguson's HeirsSupreme Court of Virginia · 1887
  2. Cook v. HaydenSupreme Court of Virginia · 1944
  3. Long v. HarrisonSupreme Court of Virginia · 1922
  4. Bibby v. ThomasSupreme Court of Virginia · 1935
  5. Jackson v. CountsSupreme Court of Virginia · 1906

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3Cited by11 opinions

  1. Spence v. GriffinSupreme Court of Virginia · 1988
  2. Henderson v. HendersonSupreme Court of Virginia · 1998
  3. Friendly Ice Cream Corp. v. BecknerSupreme Court of Virginia · 2004
  4. Culpeper Regional Hospital v. Cynthia B. Jones, DirectorCourt of Appeals of Virginia · 2015
  5. Northfield Investment Co. v. United Way of AmericaSupreme Court of Virginia · 1987

6 more not listed; retrieve them via the Exa API.

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