Stimpson v. Bishop
Supreme Court of Virginia
Appeal from decree of circuit court of Bland county, rendered at the August term thereof, 1884, in a chancery cause wherein N. B. Stimpson was complainant, and William M Bishop, Robert W. Harman, Gordon G. Thorn, and others were defendants The original bill, filed at the July rules, 1880, alleged that in the year 1880, the plaintiff was induced by the defendant, Bishop, to leave the county of Floyd, where be then resided, to inspect, with a view to purchase, a certain tract…
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Appeal from decree of circuit court of Bland county, rendered at the August term thereof, 1884, in a chancery cause wherein N. B. Stimpson was complainant, and William M Bishop, Robert W. Harman, Gordon G. Thorn, and others were defendants The original bill, filed at the July rules, 1880, alleged that in the year 1880, the plaintiff was induced by the defendant, Bishop, to leave the county of Floyd, where be then resided, to inspect, with a view to purchase, a certain tract of land on Clear Fork creek, in the county of Bland ; that this land was in the vicinity of Bishop’s residence, and was…
1Opinion of the Court
Lewis, P.,
after stating the facts, delivered the opinion of the court.
The allegation that the three bonds of the appellant were accepted in payment and discharge of the deed of trust liens on the land, is distinctly denied by Bishop in his answer, and thus the burden is on the appellant to show by clear and cogent proof that they were. This he undertakes to do by the testimony of the witnesses—G. H. Neal and R. W. Harman— .besides his own.
*195The first witness testifies that on one occasion, in a conversation with Bishop, the latter spoke of losses he had sustained, “and mentioned this land…
2Cases cited7 opinions
- Carpenter v. LonganSupreme Court of the United States · 1873
- Yancey v. MauckSupreme Court of Virginia · 1859
- McClintic v. Wise's adm'orsSupreme Court of Virginia · 1874
- Pairo v. BethellSupreme Court of Virginia · 1881
- Stimson v. ThornSupreme Court of Virginia · 1874
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