Chinn v. Murray
Supreme Court of Virginia
On the 27th of November 1800, Thomas Chinnsen’r of Loudoun county, conveyed to his son Hugh Chinn in fee with general warranty, a tract of land in Fauquier, containing three hundred acres more or less, on the consideration of one dollar and of a rent reserved for the life of the grantor of 2200 lbs. of tobacco and casks, payable on the 25th of December of each year.
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On the 27th of November 1800, Thomas Chinnsen’r of Loudoun county, conveyed to his son Hugh Chinn in fee with general warranty, a tract of land in Fauquier, containing three hundred acres more or less, on the consideration of one dollar and of a rent reserved for the life of the grantor of 2200 lbs. of tobacco and casks, payable on the 25th of December of each year. Although there was some difference among the witnesses as to the value of this land at the time of the conveyanee, it appeared to be worth about five or six dollars per acre ; and it seemed that Thomas Chinn sen’r thought the…
1Opinion of the CourtDaniel, J.
The contract between Thomas Chinn of the one part, and Hugh Chinn of the other, of the 27th day of November 1800, is one novel in its character, and in the task of construing it little or no aid is derived from a resort to precedents. The difficulties which embarrass the mind in adjudicating the questions as to the intent and object of the parties to the instrument, arise from the relation which they bear to each other — -that of father and son. The question, whether the deed ought to operate as a sale or an advancement, and if the latter, to what extent, would not perhaps admit of much…
2Cases cited3 opinions
- Going v. CookWashington Supreme Court · 1890
- Knight v. YarboroughCourt of Appeals of Virginia · 1826
- Oyster v. OysterSupreme Court of Pennsylvania · 1815