Merewether v. Dowdy
Supreme Court of Virginia
This was a suit in equity in the Circuit court of Smyth county, brought by C. J. Merewether against H. Dowdy, to enforce a lien reserved for $400, part of the purchase money of a house and lot in the town of Marion, sold and conveyed by Merewether to Dowdy on the 3d of December, 1862. The bill states the sale of the house and lot at $1,000, and that $400 of the purchase money was to be paid twelve months after the 3d of December, 1862, for which Dowdy executed his bond.
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This was a suit in equity in the Circuit court of Smyth county, brought by C. J. Merewether against H. Dowdy, to enforce a lien reserved for $400, part of the purchase money of a house and lot in the town of Marion, sold and conveyed by Merewether to Dowdy on the 3d of December, 1862. The bill states the sale of the house and lot at $1,000, and that $400 of the purchase money was to be paid twelve months after the 3d of December, 1862, for which Dowdy executed his bond. Dowdy answered the bill. He says the contract was made by him with J. H. Gilmore, the agent of the *plaintif£, and was made…
1Opinion of the CourtChristian, J.
There is no error in the decree of the Circuit court. In his petition the learned counsel for the appellant assigns for cause of error the following: ‘ ‘Whatever construction may be put upon the contract of sale between ^petitioner and said Dowdy, it was error in the Circuit court to scale the debt to its value in gold on the day when it fell due. If it was not a contract which according to the true understanding and agreement of the parties was to be fulfilled and performed in Confederate States treasury notes, then the court erred in applying the scale at all. If it was such contract then…
2Cases cited2 opinions
- Stearns v. MasonSupreme Court of Virginia · 1874
- Myers v. WhitfieldSupreme Court of Virginia · 1872
3Cited by3 opinions
- Jarrett's Admrs. v. NickellWest Virginia Supreme Court · 1876
- Compton v. MajorSupreme Court of Virginia · 1878
- Compton v. MajorSupreme Court of Virginia · 1878