Fayette Land Co. v. Louisville & Nashville R.
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Wise county pronounced April 18, 1893, in a suit in chancery, wherein the appellee was the complainant, and the appellant and others were the defendants.
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Appeal from a decree of the Circuit Court of Wise county pronounced April 18, 1893, in a suit in chancery, wherein the appellee was the complainant, and the appellant and others were the defendants. The Louisville & Nashville Railroad Company filed its hill against the Fayette Land Company and four others who had purchased of it parcels of the land mentioned in the hill, and against other purchasers by the name and description of “ parties unknown,” seeking to enforce the collection of $120,000, balance of purchase money for a tract of land conveyed to the Fayette Land Company by the…
1Opinion of the Court
Keith, P.,
delivered the opinion of the court.
On the 24th of February, 1888, James M. Flanary and wife conveyed to H. M. Smith, agent, a tract of land in Wise county, Ya., in the town of Big Stone Cap, containing 380 acres, for the sum of $35,000, of which $12,000 was paid in cash, and the residue to be paid in instalments on or before February 24, 1889. ' In this transaction Smith was acting as the agent for the Louisville & Nashville Railroad Company, and the money received by him was the money of that company. By deed dated March 8,1890, the Louisville & Nashville Railroad Company conveyed…
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