Jackson's Assignees v. Cutright
Supreme Court of Virginia
In May, 1810, William Haymond and John Webster assignees of Edward Jackson, a Bankrupt, (so declared under the Act of Congress then in force,) filed their Bill in Chancery in the County Court of Harrison, against John Cutright and William Clark, to compel performance of a parol agreement of the defendant Cutright, to convey a tract of land to” the said Jackson, which, in violation of that agreement, he sold and conveyed to the defendant Clark, who purchased with -full…
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In May, 1810, William Haymond and John Webster assignees of Edward Jackson, a Bankrupt, (so declared under the Act of Congress then in force,) filed their Bill in Chancery in the County Court of Harrison, against John Cutright and William Clark, to compel performance of a parol agreement of the defendant Cutright, to convey a tract of land to” the said Jackson, which, in violation of that agreement, he sold and conveyed to the defendant Clark, who purchased with -full knowledge of Jackson’s title, as the Bill alleged. No answer was put in by Clark, and no proceedings against him appear in the…
1Opinion of the Court
Decided, January 20th, 1817.
1. Chancery Practice — Answer—Amendment.*—After issue joined, and the cause set for hearing, the defendant in Chancery may he permitted, for good cause shewn, to amend his Answer, and to plead the statutes of frauds and limitations.
2. Same — Plea in Addition to Answer. — A mistake of the defendant’s counsel, in advising him that he could avail himself of the defence without pleading, is sufficient ground for leave to file the pleas, in addition to the Answer.
3. Statute of Frauds — Contract for Land — Part Performance. † — It seems, that payment of the purchase…
2Cases cited7 opinions
- Miller v. LorentzWest Virginia Supreme Court · 1894
- Parrill v. McKinleySupreme Court of Virginia · 1852
- Wren v. MoncureSupreme Court of Virginia · 1897
- Baugher v. EichelbergerWest Virginia Supreme Court · 1877
- Brown v. PollardSupreme Court of Virginia · 1893
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