Legal Opinion

Berry's v. Fishburne

Supreme Court of Virginia

Decided September 21, 1905PublishedCited by 7 opinions

Appeal from a decree in chancery of the Circuit Court of Augusta county. Decree in favor of defendants. Complainants appeal. The opinion states the case.

1Opinion of the CourtWhittle, J.

*460This is a suit in. equity brought originally by Abram Berry against his vendors and others, the appellees, for an abatement in the purchase price of the land in the bill and proceedings mentioned on account of a deficiency therein of 21 % acres. Pending the litigation, Berry died; and, the cause having been revived in the name of his executrix and heirs at law, the decree under review was passed dismissing the bill with costs.

The deficiency in the land is established beyond controversy, so that the main question presented by the record for decision is whether the sale was .a sale by the acre…

2Cases cited7 opinions

  1. Hull v. WattsSupreme Court of Virginia · 1897
  2. Boschen's v. Jurgens'sSupreme Court of Virginia · 1896
  3. Benson v. HumphreysSupreme Court of Virginia · 1881
  4. Taylor v. CussenSupreme Court of Virginia · 1893
  5. Newport News & Old Point Railway & Electric Co. v. LakeSupreme Court of Virginia · 1903

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. McComb v. GilkesonSupreme Court of Virginia · 1909
  2. Brown v. Lawson Transportation Corp.Court of Appeals of Virginia · 1989
  3. Emerson v. StrattonSupreme Court of Virginia · 1907
  4. Epes v. SaundersSupreme Court of Virginia · 1909
  5. Huffman v. LandesSupreme Court of Virginia · 1934

2 more not listed; retrieve them via the Exa API.

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