Legal Opinion

Preston v. Preston

Supreme Court of the United States

Decided December 10, 1877No. 65PublishedCited by 28 opinions

Appeal from the Circuit Court of-the United States for-the Western District of Virginia. This is a suit brought in the court below, Jan. 8, 1873, by John Preston, Jr., against Thomas L. Preston, James C. Campbell', Arthur C. Cummings, William Alex. Stuart, and George W. Palmer, for the specific performance of an agreement made Aug. 30, 1847, for the conveyance of certain lands. The court below' dismissed -the bill, whereupon the complain ant appealed here.

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Appeal from the Circuit Court of-the United States for-the Western District of Virginia. This is a suit brought in the court below, Jan. 8, 1873, by John Preston, Jr., against Thomas L. Preston, James C. Campbell', Arthur C. Cummings, William Alex. Stuart, and George W. Palmer, for the specific performance of an agreement made Aug. 30, 1847, for the conveyance of certain lands. The court below' dismissed -the bill, whereupon the complain ant appealed here. The facts .in the case are fully stated in the Opinion of- the court.

1Opinion of the CourtJustice Field

This is a suit to enforce the specific performance of an agreement for the conveyance of certain lands in Virginia. It appears from the record that in 1846 one Sarah-B. Preston, of Abingdon, in that State, died possessed of a large amount of real property, embracing the premises in controversy. By her last will and testament, which was duly probated, she made the following devise: —

“I. give and devise to my three sons, William C. Preston, John S. Preston, and Thomas L. Preston, and to their several heirs for ever, my salt-works estate, embracing and including therein as well the original and…

2Cited by28 opinions

  1. Kramer, Levin, Nessen, Kamin & Frankel v. AronoffDistrict Court, S.D. New York · 1986
  2. Barrett v. McAllisterWest Virginia Supreme Court · 1890
  3. Combs v. ScottWisconsin Supreme Court · 1890
  4. Mathews v. JarrettWest Virginia Supreme Court · 1882
  5. Broadway Hospital & Sanitarium v. DeckerWashington Supreme Court · 1907

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