Brown v. Wylie
West Virginia Supreme Court
James Wylie sold to Fdioin M. Brown, in the year 1863, a certain tract of land lying in the comity of Monroe, where both parties then resided, containing 328f acres, at the price of 35 dollars per acre. The contract was reduced to writing, and stipulated that the money to be paid was to be Confederate States money.
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James Wylie sold to Fdioin M. Brown, in the year 1863, a certain tract of land lying in the comity of Monroe, where both parties then resided, containing 328f acres, at the price of 35 dollars per acre. The contract was reduced to writing, and stipulated that the money to be paid was to be Confederate States money. Seven thousand dollars were actually paid in hand, and the residue was to be secured by two bonds of equal amounts, which on their face expressed that they were to be paid in Confederate money, due in one and two years, and payable before maturity at the option of the purchaser. On…
1Opinion of the Court
Brown, President.
Several questions arise in this case and will be considered in order.
The bill sets forth a sale and conveyance of land, part of the price paid down, and a trust deed on the land to secure the bonds given for the residue of the purchase money. The prayer is for a sale of the trust subject to pay the debt and for “ such other and further relief in the premises as comports with equity and good conscience and is applicable to the case.”
The first question is, will this warrant a decree rescinding or rather avoiding the whole contract. The rule is briefly and tersely stated in…
2Cases cited1 opinion
- Wilson v. SpencerSupreme Court of Virginia · 1822
3Cited by14 opinions
- Mullins v. GreenWest Virginia Supreme Court · 1960
- Mullins v. GreenWest Virginia Supreme Court · 1960
- DeCamp v. CarnahanWest Virginia Supreme Court · 1885
- Blue v. BlueWest Virginia Supreme Court · 1922
- Blake v. BlakeWest Virginia Supreme Court · 1925
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