Hundley v. Lyons
Supreme Court of Virginia
THIS was a suit in Equity brought by John Lyons son and devisee of Peter Lyons, deceased, against William Ilundlcy, in the Superior Court of Chancery for the Richmond District, for specific performance of an Agreement between the Hon. Peter Lyons in his life time and the defendant. The following written documents, or notes concerning the agreement, passed between the contracting parlies, sometime in the year 1807, viz.
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THIS was a suit in Equity brought by John Lyons son and devisee of Peter Lyons, deceased, against William Ilundlcy, in the Superior Court of Chancery for the Richmond District, for specific performance of an Agreement between the Hon. Peter Lyons in his life time and the defendant. The following written documents, or notes concerning the agreement, passed between the contracting parlies, sometime in the year 1807, viz. Hundley made a proposition, in his own hand-writing, in these words : — “ By estimation an old Tract “ 304 acres, lying between Christopher Smith, William Gardner “ and others,…
1Opinion of the Court
*345January 30th, 1817,
Judge Hoang
pronounced the Court’s opinion.
The Court is of opinion that, as it does not clearly appear, from any final and conclusive agreement, between the Appellant and the Testator Peter Lyons, among the proceedings, that it was the intention of the said parties to buy and sell the Land, the subject of the present controversy, by the trad, and not by the acre, there is no error in ao much of the Decree before us, as holds the represematives of the said Peter Jjyons responsible for the average value of the surplus Land, found to be contained in the Tract.
The Court is…
2Cited by19 opinions
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