McComb v. Gilkeson
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Augusta county in a suit in equity wherein appellant filed a petition asking an abatement of part of the purchase price of a tract of land. From a decree dismissing the petition, petitioner appeals.
1Opinion of the CourtHarrisow, J.
This controversy involves the right of appellant to have the purchase price of a farm bought by him from the appellees abated because of a deficiency in the quantity; the claim being that the *408sale was by the acre and that the number of acres influenced the price.
It appears that David V. Gilkeson died intestate in March, 1871, seised of certain lands in Augusta county, which he held jointly with his brother, Andrew T. Gilkeson. About the year 1875 these lands were, by proceedings had in the Circuit Court of Augusta county, divided between Andrew T. Gilkeson and the widow and heirs of David V.…
2Cases cited3 opinions
- Watson v. HoySupreme Court of Virginia · 1877
- Zirkle v. McCueSupreme Court of Virginia · 1875
- Berry's v. FishburneSupreme Court of Virginia · 1905
3Cited by13 opinions
- Enequist v. BemisSupreme Court of Vermont · 1947
- Asberry v. MitchellCourt of Appeals of Virginia · 1917
- Mosher v. LackCalifornia Court of Appeal · 1919
- Landers v. ScroggyCourt of Appeals of Kentucky (pre-1976) · 1943
- Huffman v. LandesSupreme Court of Virginia · 1934
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