Bigler v. Waller
Supreme Court of the United States
On the 2d April, 1858, Waller, of Virginia, made an agreement in writing with one Bigler, of New York, to sell to him for $80,000 an estate on the York Diver, Virginia, consisting of about 2400 acres, to be paid for in successive an-nual payments through a term of ten years.
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On the 2d April, 1858, Waller, of Virginia, made an agreement in writing with one Bigler, of New York, to sell to him for $80,000 an estate on the York Diver, Virginia, consisting of about 2400 acres, to be paid for in successive an-nual payments through a term of ten years. The agreement contained this covenant: . “ Said Waller will-allow said Bigler to soil such portion of the land as he may see fit, from time to time; the said Bigler paying over to said Waller such proceeds of sales as will afford ample security for the liquidation of the residue of the debt.” On the 10th of May, 1853,…
1Opinion of the CourtJustice Strong
The complainant insists that the Circuit Court erred in assuming that the sale which was made by Saunders in 1862 was a nullity, and that the property remaiued the complainant’s notwithstanding. This position is taken in order that it may be inferred the residue of complainant’s bond for the purchase-money was satisfied by a sale under the trust, and that Waller has not only been thus paid, but that he is accountable for the excess of his bid at that sale above the amount then due him by virtue of the bond. The position is certainly a strange one. It is directly in' conflict with the law of…
2Cited by16 opinions
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- Moore v. DickMassachusetts Supreme Judicial Court · 1905
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- Eubanks v. BectonSupreme Court of North Carolina · 1912
- Chace v. MorseMassachusetts Supreme Judicial Court · 1905
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