Watkins v. West Wytheville Land & Improvement Co.
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Wythe county, rendered September 28, 1893, in an action of debt, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This was an action of debt on two bonds executed by the plaintiff in error to the defendant in error for deferred payments of purchase money on a parcel of land.
Read the full summary
Error to a judgment of the Circuit Court of Wythe county, rendered September 28, 1893, in an action of debt, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This was an action of debt on two bonds executed by the plaintiff in error to the defendant in error for deferred payments of purchase money on a parcel of land. The defendant pleaded payment, and also tendered three special pleas, which, on objection of the plaintiff, the court declined to receive. Thereupon the defendant withdrew his plea of payment, and judgment was entered for the…
1Opinion of the CourtHarrison, J.
The West Wytheville Land and Improvement Company sold to Warner M. Watkins four lots, for the aggregate price of $1,000. Of this sum $250 was paid in cash. A deed was made to the purchaser, and a contemporaneous deed of trust was executed to secure $750, the balance of the purchase money. Payments were made on the balance thus secured, and the vendor instituted this action to recover of the vendee $333.33, with interest, that being the balance remaining unpaid upon the transaction.
The defendant filed three special pleas in writing, under section 3299 of the Code, alleging that the plaintiff…
2Cases cited3 opinions
- Watkins v. Hopkins' ex'orSupreme Court of Virginia · 1857
- Grayson v. BuchananSupreme Court of Virginia · 1891
- McAllister v. Indianapolis & Cincinnati RailroadIndiana Supreme Court · 1860
3Cited by24 opinions
- Lloyd v. SmithSupreme Court of Virginia · 1928
- Marriott v. HarrisSupreme Court of Virginia · 1988
- Buena Vista Co. v. BillmyerWest Virginia Supreme Court · 1900
- Hicks v. WynnSupreme Court of Virginia · 1923
- Owens v. Boyd Land Co.Supreme Court of Virginia · 1898
19 more not listed; retrieve them via the Exa API.