Legal Opinion

Parrill v. McKinley

Supreme Court of Virginia

Decided July 12, 1852PublishedCited by 25 opinions

This was a suit for the specific execution of a contract for the exchange of land, brought in December 1845, in the Circuit court of Harrison county, by Wilüam Pamll against William McKinley. The bill charged that in 1843 the plaintiff' owned a' tract of land then in the county of Marion, but afterwards in county of Taylor, containing about one hundred and seventy-five acres, on which he resided.

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This was a suit for the specific execution of a contract for the exchange of land, brought in December 1845, in the Circuit court of Harrison county, by Wilüam Pamll against William McKinley. The bill charged that in 1843 the plaintiff' owned a' tract of land then in the county of Marion, but afterwards in county of Taylor, containing about one hundred and seventy-five acres, on which he resided. That in March 1843 he entered into a parol contract with the defendant who was his brother in law, for the exchange of said land for an undivided interest in a tract of land on Buffalo creek in the…

1Opinion of the CourtAllen, J.

The court is of opinion, that the contract of ex*7change in the bill mentioned is fully proved by the evidence in the record; and having been executed by the delivery of possession and acts of ownership each party over the parcels of land exchanged, there is proof of sufficient part performance to take the case out of the operation of the statute. And the court is further of opinion, that the making of the deed and the signing and acknowledgment thereof by the appellee Wm. McKinley was a sufficient memorandum in writing according to the authority of Bowles v. Woodson, 6 Gratt. 78. The court is…

2Cited by25 opinions

  1. Jenkins v. HarrisonSupreme Court of Alabama · 1880
  2. Shenandoah Valley R. R. v. DunlopSupreme Court of Virginia · 1889
  3. Love v. Kirkbride Drilling & Oil Co.Supreme Court of Oklahoma · 1913
  4. Payne v. PayneSupreme Court of Virginia · 1920
  5. Tennant v. DunlopSupreme Court of Virginia · 1899

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