Pence v. Life
Supreme Court of Virginia
Appeal from a decree in chancery of the Circuit Court of Augusta county. Decree for complainant. Defendant appeals. The following extract from the decree appealed from i's necessary to a clear understanding of paragraph three of the syllabus: “Third.
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Appeal from a decree in chancery of the Circuit Court of Augusta county. Decree for complainant. Defendant appeals. The following extract from the decree appealed from i's necessary to a clear understanding of paragraph three of the syllabus: “Third. That the said defendant, James M. Pence, do forthwith pay to the said plaintiff, Josephine F. life, or to her counsel, of record in this cause, the said sum of sixty-four hundred dollars, and interest thereon from May 1, 1902, till paid, together with her said costs in this cause, and that he do also forthwith execute and deliver to her or her…
1Opinion of the Court
Buchanaw, T.,
delivered the opinion of the court.
This was a suit for the specific execution of an agreement for the sale and purchase of land.
Two grounds of defense were relied on by the grantee — one, that after entering into the contract sued on, its terms had been changed by a subsequent parol agreement, under which he had gone into possession; the other, that the title to the “Boss parcel,” nearly one-fourth of the tract purchased, was defective.
1. The alleged subsequent parol agreement was not proved as stated in the grantee’s answer, and if it had been the acts of part performance proved…
2Cases cited3 opinions
- Penn v. GuggenheimerSupreme Court of Virginia · 1882
- Watts v. KinneySupreme Court of Virginia · 1831
- Kinnaird v. Williams's adm'rSupreme Court of Virginia · 1836
3Cited by6 opinions
- Waggoner v. WaggonerSupreme Court of Virginia · 1910
- Johnson v. McCartySupreme Court of Virginia · 1960
- Moyer v. EllisSupreme Court of Virginia · 1936
- Showalter's Executors v. ShowalterSupreme Court of Virginia · 1908
- Dickenson v. ScottSupreme Court of Virginia · 1916
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