Creigh's v. Boggs
West Virginia Supreme Court
Appeal from and supersedeas to three decrees of the circuit court of the county of Kanawha, rendered respectively on the 12th day of November, 1877, on the 27th day of May, 1878, and on the 11th day of November, 1878, in a cause in said court then pending, wherein Thomas Creigh’s adminis/ trator was plaintiff, and F. C. Boggs administrator and othefs were defendants, allowed upon the petition of said defendants.
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Appeal from and supersedeas to three decrees of the circuit court of the county of Kanawha, rendered respectively on the 12th day of November, 1877, on the 27th day of May, 1878, and on the 11th day of November, 1878, in a cause in said court then pending, wherein Thomas Creigh’s adminis/ trator was plaintiff, and F. C. Boggs administrator and othefs were defendants, allowed upon the petition of said defendants. Hon. Joseph Smith, Judge of the seventh judicial circuit, rendered the decrees appealed from. ' Green, Judge, furnishes the following statement of the case : On April 1, 1860, Henry…
1Judgment of the CourtGbeen, Judge
The most important and difficult question involved in this record is : Can a written contract for the sale of land be specifically enforced in a court of equity with a parol variation in the courses of the land agreed to by the parties subsequently and admitted in the answer, which variation in the courses was not made as admitted by the answer with a view of modifying the original parol understanding of the parties, which preceded the written contract, but simply to carry out this original parol agreement and understanding, -which the written contract failed to do only because of a mutual…
2Cases cited3 opinions
- Coles v. BowneNew York Court of Chancery · 1844
- Rhode Island v. MassachusettsSupreme Court of the United States · 1841
- McKee v. BarleySupreme Court of Virginia · 1854
3Cited by24 opinions
- Barrett v. McAllisterWest Virginia Supreme Court · 1890
- Campbell v. Fetterman's HeirsWest Virginia Supreme Court · 1882
- Croft v. Hanover Fire InsuranceWest Virginia Supreme Court · 1895
- Turner v. McCormickWest Virginia Supreme Court · 1904
- Mathews v. JarrettWest Virginia Supreme Court · 1882
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