Hull v. Fields & Thomas
Supreme Court of Virginia
Appeal from decree of circuit court of Smyth county in the chancery suit of John H. Hull against C. C. Fields and D. G. Thomas. The object of the suit was to rescind a contract for the sale of a certain patent right by defendants to plaintiff, and to annul the deed conveying to them certain real estate in consideration therefor. The contract was made, and the real estate was situated, in Smyth county.
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Appeal from decree of circuit court of Smyth county in the chancery suit of John H. Hull against C. C. Fields and D. G. Thomas. The object of the suit was to rescind a contract for the sale of a certain patent right by defendants to plaintiff, and to annul the deed conveying to them certain real estate in consideration therefor. The contract was made, and the real estate was situated, in Smyth county. The defendants did not reside in ‘that county, and the summons to answer the bill was not there served on them. The grounds alleged for vacating the contract and conveyance, were that defendants…
1Opinion of the CourtAnderson, J.
We are met at the threshold of this case with the objection that neither of the defendants were residing in the county of Smyth when the suit was brought, and that the process was not served on them in that county, and that the court below erred in overruling the motion to strike the cause from the docket. The suit was brought to rescind a contract which was made in the county of Smyth, between the plaintiff and defendants, and to annul the deed of conveyance which was made by the plaintiff to the defendants, of real estate situate in said county of Smyth, and to recover the same. We are of…
2Cases cited2 opinions
- Grim v. ByrdSupreme Court of Virginia · 1879
- Brown v. Rice's adm'rSupreme Court of Virginia · 1875
3Cited by9 opinions
- Rorer Iron Co. v. TroutSupreme Court of Virginia · 1887
- Lowe v. TrundleSupreme Court of Virginia · 1883
- Cerriglio v. PettitSupreme Court of Virginia · 1912
- Cleavenger v. SturmWest Virginia Supreme Court · 1906
- Stevens v. AllenSupreme Court of Kansas · 1893
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