Clarke v. Reins
Supreme Court of Virginia
In February 1850 an action of ejectment was instituted in the Circuit court of Henrico by Caroline V. Clarke, Emily W. Harris, David M. Branch and Sarah E. his wife, against Richard Reins, for the recovery of eight half acre lots of land in the town of Sydney, near Richmond. The plaintiffs claimed the lots of land as heirs at law of Benjamin James Harris deceased. The female plaintiffs were his children. The issue was regularly made up at the May term following.
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In February 1850 an action of ejectment was instituted in the Circuit court of Henrico by Caroline V. Clarke, Emily W. Harris, David M. Branch and Sarah E. his wife, against Richard Reins, for the recovery of eight half acre lots of land in the town of Sydney, near Richmond. The plaintiffs claimed the lots of land as heirs at law of Benjamin James Harris deceased. The female plaintiffs were his children. The issue was regularly made up at the May term following. In December 1850 the plaintiffs and defendant entered into an agreement under seal, in which is recited the pendency of the action…
1Opinion of the CourtSamuels, J.
I am of opinion to reverse the decree, and dismiss the bill without prejudice to the rights of the parties to sue at law. There is nothing alleged in the pleadings, or shown by proof, to warrant the exercise of the power to decree specific performance. This would be my opinon if the case stood alone upon that clause of the agreement which is supposed to bind the appellants to convey. The case, however, should not be so regarded; but in passing on it, every part of the agreement should be looked to: we should not disregard any part of it. It is distinctly agreed between the parties, that the…
2Cases cited1 opinion
- Bailey v. JamesSupreme Court of Virginia · 1854
3Cited by19 opinions
- Shenandoah Valley R. R. v. DunlopSupreme Court of Virginia · 1889
- Jones v. GoffTexas Supreme Court · 1885
- Graybill v. BrughSupreme Court of Virginia · 1893
- Middleton v. SelbyWest Virginia Supreme Court · 1881
- Leach v. ForneySupreme Court of Iowa · 1866
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