Middleton v. Arnolds
Supreme Court of Virginia
This was an action of debt in the Circuit court of Lewis county, brought in 1846 by Henry O. Middleton, for the use of John Warren’s heirs against George Arnold and others, upon four single bills for one hundred dollars each, given for the purchase of the right of John Warren’s heirs to a certain tract of land in the county of Lewis.
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This was an action of debt in the Circuit court of Lewis county, brought in 1846 by Henry O. Middleton, for the use of John Warren’s heirs against George Arnold and others, upon four single bills for one hundred dollars each, given for the purchase of the right of John Warren’s heirs to a certain tract of land in the county of Lewis. The issues were finally made up upon five pleas filed by the defendants in September 1854. The first was the plea of payment, on which the plaintiff took issue. The other four pleas were in substance the same, and alleged that the single bills declared on were…
1Opinion of the CourtMoncure, J.
It is certainly true, as a general rule, that a contract *490founded on an act forbidden by a statute under a penalty is void, although it be not expressly declared be so; and that no action lies to enforce it. - It is also true, that if such void contract be by deed, the Par^es fherefc° are not thereby estopped from showing the illegality of the act which makes the contract ygpp numerous authorities cited by the counsel for the defendant in error abundantly sustain the verity of these propositions. The main question arising in this case is, Whether a conveyance of a pretensed title comes under…
2Cases cited2 opinions
- Allen v. SmithSupreme Court of Virginia · 1829
- Jarrett v. TomlinsonSupreme Court of Pennsylvania · 1842
3Cited by9 opinions
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- Yates & Ayres v. Robertson & BerkeleySupreme Court of Virginia · 1885
- Tabb v. BairdCourt of Appeals of Virginia · 1803
- Tabb v. BairdCourt of Appeals of Virginia · 1803
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