Legal Opinion

Bolling v. Lersner

Supreme Court of Virginia

Decided March 25, 1875PublishedCited by 26 opinions

By an agreement under seal, bearing date the 19th of January 1863, B. B. Bolling, in consideration of the sum of seventy-seven thousand dollars, sold to G-ustavus Lersner bis estate in the county of Fauquier, called Bollingbrook, containing seven hundred and sixty-nine acres, and bound himself, upon payment of the purchase money, to convey the same to Lersner by deed with general warranty.

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By an agreement under seal, bearing date the 19th of January 1863, B. B. Bolling, in consideration of the sum of seventy-seven thousand dollars, sold to G-ustavus Lersner bis estate in the county of Fauquier, called Bollingbrook, containing seven hundred and sixty-nine acres, and bound himself, upon payment of the purchase money, to convey the same to Lersner by deed with general warranty. And he also agreed to sell to said Lersner another tract adjoining Bollingbrook, known as Ben Lomond, containing three hundred and forty-one acres, being the same purchased by Bolling at a sale by the…

1Opinion of the Court

Moncure, P.,

delivered the opinion of the court.

The first question which this case presents for our decision is, whether the decree of the Circuit court of Fauquier county, made on the 13th day of September 1867, has ever been reversed or annulled by any valid proceeding, and does not therefore still remain in full force ?

In the first place, it is contended that after the date of the said final decree, and after the act of March 15th, 1867, reducing the period of limitation of appeals to two years, there elapsed two years before the record was delivered to the clerk of the appellate ■court,…

2Cases cited2 opinions

  1. Brockenbrough's Ex'ors v. Spindle's Adm'rsSupreme Court of Virginia · 1866
  2. Sharpe v. RobertsonSupreme Court of Virginia · 1849

3Cited by26 opinions

  1. Burruss v. HinesSupreme Court of Virginia · 1897
  2. Rickman v. CommonwealthSupreme Court of Virginia · 2017
  3. Vance v. EvansWest Virginia Supreme Court · 1877
  4. Rust v. RustWest Virginia Supreme Court · 1881
  5. Moreland v. MetzWest Virginia Supreme Court · 1884

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