Legal Opinion

Richards v. Mercer

Supreme Court of Virginia

Decided March 15, 1829PublishedCited by 8 opinions

Charles Fenton Mercer, by deed of bargain and sale, dated January 13th 1804, and duly recorded in the county court of Mason in July following; reciting that he had purchased of William Philip Perrin of London, a large tract lying on the Ohio, of near 14,000 acres, which Perrin had purchased of George Mercer deceased, for £3,375. sterling, payable in four instalments; that this purchase had been made for the mutual benefit of himself, John Fenton Mercer and James Mercer…

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Charles Fenton Mercer, by deed of bargain and sale, dated January 13th 1804, and duly recorded in the county court of Mason in July following; reciting that he had purchased of William Philip Perrin of London, a large tract lying on the Ohio, of near 14,000 acres, which Perrin had purchased of George Mercer deceased, for £3,375. sterling, payable in four instalments; that this purchase had been made for the mutual benefit of himself, John Fenton Mercer and James Mercer Garnett, though the land had been conveyed by Perrin to him alone; and that he had mortgaged die land to Perrin to secure the…

1Opinion of the CourtCoalter, J.

compared the price at which John F. Mercer sold Richards the tract of 822 acres, with that at which Charles F. Mercer bought of Perrin the whole military tract of 13,582 acres; and shewed, that the purchase money of the small parcel bought by Richards, containing not a sixteenth of the whole tract, amounted to about a third of the purchase money for which the whole tract had been bought of Perrin: whence, he said, it might be fairly inferred, that if the whole debt secured by the mortgage to Perrin, were yet unsatisfied, there would be land enough, and much more than enough, to satisfy the…

2Cited by8 opinions

  1. Wamsley v. StalnakerWest Virginia Supreme Court · 1884
  2. Goff v. GoffWest Virginia Supreme Court · 1916
  3. Hanna v. WilsonSupreme Court of Virginia · 1846
  4. Harvey v. RyanWest Virginia Supreme Court · 1906
  5. Hanna v. WilsonSupreme Court of Virginia · 1846

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