Wilson v. Spencer
Supreme Court of Virginia
On the 10th of August, 1816, Stephen E. Wilson and John Wilson, Jun’r, of the county of Wood and state of Virginia, executed a joint and several obligation to William Spencer in the sum of"4,000 dollars, with a condition in the following words : “The condition of the above obligation is such, that whereas the above bound Stephen E. Wilson agrees to convey to the said William Spencer, by a good and sufficient deed in fee simple, clear of all incumbrances, all that tract or…
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On the 10th of August, 1816, Stephen E. Wilson and John Wilson, Jun’r, of the county of Wood and state of Virginia, executed a joint and several obligation to William Spencer in the sum of"4,000 dollars, with a condition in the following words : “The condition of the above obligation is such, that whereas the above bound Stephen E. Wilson agrees to convey to the said William Spencer, by a good and sufficient deed in fee simple, clear of all incumbrances, all that tract or parcel of land lying and being in the said county of Wood and state aforesaid, situate adjoining and between the lands of…
1Opinion of the Court
Tucker, P.
The plaintiff in error having waived, .and very properly, the 1st and 5th errors assigned in his statement, the first question to be considered is the propriety of rejecting the parol evidence offered by him in support of his third and fourth pleas. And it has been contended, that in the consideration of this ■question, it is unimportant to consider whether the pleas themselves were good or not. This would indeed have been an argumentum ad hominem in the court below, to which it might plausibly have been said, You have admitted the pleas as good, and why then -should you reject the…
2Cases cited2 opinions
- Towner v. Lane's adm'rSupreme Court of Virginia · 1838
- Respublica v. RossSupreme Court of Pennsylvania · 1795