Legal Opinion

Shenandoah Valley Railroad v. Lewis

Supreme Court of Virginia

Decided October 12, 1882PublishedCited by 13 opinions

These are appeals from two decrees rendered 23d January, 1882, by the circuit court of Clarke county, in the two causes therein pending, wherein the Shenandoah Yalley Railroad Company is the complainant, and in the first named, John R. C. Lewis and Maria B. Lewis, his wife, and others, are the defendants; and in the last named, H. L. D. Lewis is the defendant.

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These are appeals from two decrees rendered 23d January, 1882, by the circuit court of Clarke county, in the two causes therein pending, wherein the Shenandoah Yalley Railroad Company is the complainant, and in the first named, John R. C. Lewis and Maria B. Lewis, his wife, and others, are the defendants; and in the last named, H. L. D. Lewis is the defendant. The company claimed that in 1871 John R. C. Lewis, •acting for himself and his brother, H. L. L. Lewis, had contracted with its agents to grant to it the free right of way through their respective lands in Clarke county for' its…

1Opinion of the CourtAnderson, J.

These causes are separate bills brought by the appellant for the specific performance of contracts, and were heard together.

In such cases it is held that the plaintiff is not entitled ex debito justitice to a decree of specific performance. The question whether there shall be a decree of specific performance, or the party be left to his remedy at law, is addressed to the sound discretion of a court of equity. It is not an arbitrary discretion. But in a proper case, it is as much of course in a court of equity to decree specific performance of the contract as it is for a court of law to give…

2Cited by13 opinions

  1. Rison v. NewberrySupreme Court of Virginia · 1894
  2. Lamb v. . LambSupreme Court of North Carolina · 1946
  3. Creecy v. GriefSupreme Court of Virginia · 1908
  4. Givens v. ClemSupreme Court of Virginia · 1907
  5. Dewey v. Spring Valley Land Co.Wisconsin Supreme Court · 1897

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