Triplett v. Allen
Supreme Court of Virginia
This was a bill in the Circuit court of Shenandoah county, by Leonidas Triplett, to enjoin a judgment for $1,635.45 with interest, recovered against him by Lemuel Allen, upon a bond given by Triplett to Allen for part of the price of two tracts of land sold by Allen to Triplett.
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This was a bill in the Circuit court of Shenandoah county, by Leonidas Triplett, to enjoin a judgment for $1,635.45 with interest, recovered against him by Lemuel Allen, upon a bond given by Triplett to Allen for part of the price of two tracts of land sold by Allen to Triplett. The grounds relied on in the bill for an injunction, were that the land was sold by the acre, and there was a deficiency in the quantity sold; and that Allen had conveyed to Triplett a right of way from one tract to the other over the land of Tiphen W. Allen; which right of way he did not possess. The injunction was…
1Opinion of the Court
Christian J.
delivered the opinion of the court.
The court is of opinion, that the decree of the Circuit court of Shenandoah was erroneous in dissolving the injunction awarded in vacation, and dismissing the plaintiff’s bill. The evidence conclusively shows that the sale by Allen to Triplett was a sale per acre, and not a sale in gross. The contract of sale filed with the answer provides “that the said Lemuel Allen doth covenant and agree to sell to the said L. Triplett the home tract of land (with appurtenances thereto belonging), containing one hundred and sixty-six acres, three roods and…
2Cited by6 opinions
- Watson v. HoySupreme Court of Virginia · 1877
- Boschen's v. Jurgens'sSupreme Court of Virginia · 1896
- Norfolk Trust Co. v. FosterSupreme Court of Virginia · 1884
- Pack v. WhitakerSupreme Court of Virginia · 1909
- Trinkle v. JacksonSupreme Court of Virginia · 1889
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