Clarkston v. Virginia Coal & Iron Co.
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Wise County, pronounced December 7, 1892, in a suit in chancery, wherein the appellants were the complainants, and the appellee was the defendant. This was a suit in chancery brought by the appellants against the appellee to enforce the specific execution of a contract for the sale of certain land in Wise county, Virginia. The land was sold at $12 per acre, and the controversy was over the quantity of land contracted to be sold.
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Appeal from a decree of the Circuit Court of Wise County, pronounced December 7, 1892, in a suit in chancery, wherein the appellants were the complainants, and the appellee was the defendant. This was a suit in chancery brought by the appellants against the appellee to enforce the specific execution of a contract for the sale of certain land in Wise county, Virginia. The land was sold at $12 per acre, and the controversy was over the quantity of land contracted to be sold. This involved the construction of the calls in the patent under which complainants claimed. The evidence on this point is…
1Opinion of the CourtRiely, J.
The controversy in this case turns upon the proper construction of the sixth call of the patent issued by the Commonwealth in the year 1855 to David W. Wells, through whom the plaintiffs claim. The fifth call is in these words: u Thence south 17°, east 200 poles, crossing the said creelc (Dixon’s Branch) at 34 poles, to a stake on the top of Looney’s Ridge.” The sixth call then proceeds as follows: “ and with the same north 88°, east 422 poles to a stake.”
When the land was surveyed and the sixth call run according to the degree- given in the patent, the proper allowance being made for the…
2Cases cited6 opinions
- Brown v. HugerSupreme Court of the United States · 1859
- Ex parte JenningsNew York Supreme Court · 1826
- New York and Texas Land Co. v. ThomsonTexas Supreme Court · 1891
- Coles v. WoodingCourt of Appeals of Virginia · 1856
- Jackson ex dem. Trustees of Kingston v. LouwNew York Supreme Court · 1815
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Providence Properties, Inc. v. United Virginia Bank/Seaboard NationalSupreme Court of Virginia · 1979
- Barrataria Land Co. v. Louisiana Meadows Co.Supreme Court of Louisiana · 1920
- King v. WatkinsU.S. Circuit Court for the District of Western Virginia · 1899
- French v. Clinchfield Coal Corp.Supreme Court of Virginia · 1938
- West Virginia Pulp & Paper Co. v. J. Natwick & Co.West Virginia Supreme Court · 1941