Garnett v. Macon
U.S. Circuit Court for the District of Eastern Virginia
William Garnett, as executor of Bichard Brooke, exhibited his bill in the superior court of chancery, for the Kichmond district of Virginia, against William H. Macon, John Campbell, an absent' defendant, and others, setting forth, that the said Biehard Brooke, devisee of George Brooke, empowered his executors to sell his real estate; and that the plaintiff, as executor, had, on the 10th of June, ISIS, sold a tract of land, called Manta-pike, to the defendant, Macon, who paid…
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William Garnett, as executor of Bichard Brooke, exhibited his bill in the superior court of chancery, for the Kichmond district of Virginia, against William H. Macon, John Campbell, an absent' defendant, and others, setting forth, that the said Biehard Brooke, devisee of George Brooke, empowered his executors to sell his real estate; and that the plaintiff, as executor, had, on the 10th of June, ISIS, sold a tract of land, called Manta-pike, to the defendant, Macon, who paid part of the purchase-money, but bad since refused to fulfil the contract, alleging that the land is subject to the…
1Opinion of the Court
• MARSHALL, Circuit Justice.
Richard Brooke, by his last will, empowered his executors to sell his whole estate, and William Garnett, the plaintiff, alone proved the will, and took the executorship upon himself. On the 10th of June, 1818, William Garnett sold the estate called Mantapike, to William H. Macon, the defendant, “for the sum of twenty-two dollars per acre, $6000 of which are to be paid on the 1st day of January next, when possession will be given, and the balance in two equal annual payments from that date, which said two last payments are to be secured by mortgage on the said land.…
2Cited by21 opinions
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