Radcliff v. High
Supreme Court of Virginia
On the 10th of March 1835, a deed was made between James Radcliff and wife and Robert Wiley jr. of the one part, and Benjamin High of the other part, whereby it was witnessed, that in consideration of the sum of 91 dollars and 50 cents to the said Radcliff and wife and Wiley in hand paid, the receipt whereof was thereby acknowledged, they conveyed to High all their right and title to a certain piece of land described in the deed.
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On the 10th of March 1835, a deed was made between James Radcliff and wife and Robert Wiley jr. of the one part, and Benjamin High of the other part, whereby it was witnessed, that in consideration of the sum of 91 dollars and 50 cents to the said Radcliff and wife and Wiley in hand paid, the receipt whereof was thereby acknowledged, they conveyed to High all their right and title to a certain piece of land described in the deed. In October 1839, Radcliff and Wiley exhibited a bill in the circuit court of Harrison, setting forth, that High promised to pay them the consideration money of 91…
1Opinion of the Court
STANARD, J.,
delivered the following as the resolution of the court:
The court is of opinion that the appellants were entitled to the aid of the court of equity, in recovering the amount agreed to be paid by the appellee, for the conveyance of their interest in the land mentioned in the deed from the appellants to the appellee, filed as an exhibit in the cause; the legal remedy for the recovery of the same having been successfully obstructed by the plea at law of the said deed, and the acknowledgment it contained of the receipt of the purchase money, as an estoppel to the claim in that forum.…
2Cases cited10 opinions
- Tuley v. BartonSupreme Court of Virginia · 1884
- Hamlin's Administrator v. AtkinsonSupreme Court of Virginia · 1828
- Davis v. CaldwellSupreme Court of Louisiana · 1842
- Bonsack Machine Co. v. WoodrumSupreme Court of Virginia · 1891
- Elgin v. HallSupreme Court of Virginia · 1886
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