Legal Opinion

Mason v. Moyers

Supreme Court of Virginia

Decided January 15, 1844Published

By articles of agreement under seal,' bearing date the 21st of January 1824, between James Mason, Joseph' Grantham and four others, heirs and devisees of William Rush deceased, of the one part, and Jacob Moyers and Jacob Kroh of, the other part, the said heirs and devisees leased to Moyers, at a rent of 300 dollars per annum, a tract of land in Berkeley county containing 306 acres, for the term of three years from the 1st day of April then next, ‘ ‘unless there should be a…

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By articles of agreement under seal,' bearing date the 21st of January 1824, between James Mason, Joseph' Grantham and four others, heirs and devisees of William Rush deceased, of the one part, and Jacob Moyers and Jacob Kroh of, the other part, the said heirs and devisees leased to Moyers, at a rent of 300 dollars per annum, a tract of land in Berkeley county containing 306 acres, for the term of three years from the 1st day of April then next, ‘ ‘unless there should be a decree from the chancellor of the Winchester district court, or some other, for the sale of said land for the use and…

1Opinion of the CourtBaldwin, J.

By the true construction of the lease between the heirs of Rush and the appellee Moyers, the latter was to be entitled to a waygoing crop, whether the term should expire by efflux of time, or at the end of a previous year, by reason of the event contemplated and provided for by the parties. This is apparent from the stipulation, that Moyers was not to farm “more than one half of the cleared land in a year,” and that “at any time he should give up the land, the one half was to be clear,” (that is, of a crop) “and ready for tillage.” This stipulation could only have been founded upon the…

2Cases cited148 opinions

  1. Williamson v. JonesWest Virginia Supreme Court · 1897
  2. Ah Lim v. Territory of WashingtonWashington Supreme Court · 1890
  3. Spokane Truck & Dray Co. v. HoeferWashington Supreme Court · 1891
  4. Sayward v. CarlsonWashington Supreme Court · 1890
  5. Reusens v. LawsonSupreme Court of Virginia · 1895

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