Blessing's adm'rs v. Beatty
Supreme Court of Virginia
By deed bearing date the 5th of January 1816, be-£Ween William Poston and Charles Tate of the one part and Jacob Blessing of the other part, it was recited that Poston and Tate, by virtue of a decree of the superior court of chancery holden at Staunton in July 1808, in a case therein depending between Jacob Blessing plaintiff and Arthur Campbell defendant, had sold to Blessing “ a certain tract or parcel of land with the appurtenances, lying in Washington county on the…
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By deed bearing date the 5th of January 1816, be-£Ween William Poston and Charles Tate of the one part and Jacob Blessing of the other part, it was recited that Poston and Tate, by virtue of a decree of the superior court of chancery holden at Staunton in July 1808, in a case therein depending between Jacob Blessing plaintiff and Arthur Campbell defendant, had sold to Blessing “ a certain tract or parcel of land with the appurtenances, lying in Washington county on the middle fork of Holston and Mill creek, containing 280 acres,” and that the court afterwards confirmed the sale and ordered…
1Opinion of the CourtBaldwin, J.
I am well satisfied, from all the circumstances of the case, that it was the intention of *298Blessing to sell, and of Beatty to purchase, the land embraced by the mortgage deed, according to the true boundaries, whatever those might be, and adopting the estimate of quantity expressed in that deed, to wit, 280 acres. but that a mistake occurred in .relation to the boundaries, occasioned by errors in the deed from the commissioners to Blessing, and an unfortunate attempt to correct those errors without resorting to the calls of the mortgage deed. The consequence has been that the deed from…
2Cases cited2 opinions
- Jollife v. HiteCourt of Appeals of Virginia · 1798
- Hundley v. LyonsSupreme Court of Virginia · 1817
3Cited by10 opinions
- Crislip v. CainWest Virginia Supreme Court · 1882
- Newberger v. WellsWest Virginia Supreme Court · 1902
- Boschen's v. Jurgens'sSupreme Court of Virginia · 1896
- Depue v. SergentWest Virginia Supreme Court · 1883
- Nichols v. CooperWest Virginia Supreme Court · 1867
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