Watson v. Hoy
Supreme Court of Virginia
• • This case was heard at Richmond, but was decided at Wytheville. James Hoy instituted his suit in equity in Stafford county, which was afterwards removed to the circuit court of Spottsylvania county against J. Horace Lacy and others.
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• • This case was heard at Richmond, but was decided at Wytheville. James Hoy instituted his suit in equity in Stafford county, which was afterwards removed to the circuit court of Spottsylvania county against J. Horace Lacy and others. In. his bill he stated, that in March, 1868, he had recovered a judgment against Lacy for $10,000, with interest at seven per cent, per annum, from the 20th of January, 1866. That Lacy owned land which he had conveyed by deeds of trust; one dated in February, 1861, to William A. Little, conveying a tract called Chatham, in Stafford county, to secure a debt of…
1Opinion of the CourtBurks, J.
The most important question arising in this case meets us at the threshold of our inquiry— whether the appellant, when he entered into the contract for the purchase of the landed estate called <£ Chatham,” intentionally took upon himself the risk of the deficiency of thirty-four and one-half acres afterwards ascertained, and on all sides admitted to *704exist in the estimated quantity of the land purchased by him. If he assumed such risk, he must abide the of his engagement. If he did not, then, accorc¡|ng the decisions of this court oft repeated an(j t00 numerous for citation, he is entitled to…
2Cases cited7 opinions
- Daniel v. LeitchSupreme Court of Virginia · 1856
- Nelson v. CarringtonSupreme Court of Virginia · 1815
- Jones v. TatumSupreme Court of Virginia · 1870
- Young's Adm'r v. McClungSupreme Court of Virginia · 1852
- Hundley v. LyonsSupreme Court of Virginia · 1817
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3Cited by35 opinions
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- DeVoss v. City of RichmondSupreme Court of Virginia · 1868
- Norfolk Trust Co. v. FosterSupreme Court of Virginia · 1884
- McComb v. GilkesonSupreme Court of Virginia · 1909
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