Stuart's heirs v. Coalter
Court of Appeals of Virginia
This was an appeal from the Staunton Chancery Court, where Thomas S. Coulter, filed his bill against Robert Stuart, Reuben Withers, John Coalter, Francis JLdair, William Jldair, James Jldair, and John Jldair. The case stated is briefly as follows: The land in question was owned by the heirs of John Switzer, who sold it to John Coulter, the brother of the complainant.
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This was an appeal from the Staunton Chancery Court, where Thomas S. Coulter, filed his bill against Robert Stuart, Reuben Withers, John Coalter, Francis JLdair, William Jldair, James Jldair, and John Jldair. The case stated is briefly as follows: The land in question was owned by the heirs of John Switzer, who sold it to John Coulter, the brother of the complainant. A conveyance was made by some of the heirs to John Coalter, but the others had never parted with the legal estate. The bill, however, states, that all the heirs either have made, or are ready to make, a conveyance at any time. It…
1Opinion of the Court
The Judges
delivered their opinions.*
Judge Carr.
The bill states, that John Switzer died intestate, seised and possessed of a tract of land within the Beverley manor, in the county of Augusta: that the heirs of said Switzer entered upon the said land, and remained in possession thereof, until a few years since, when they sold it to a certain John Coalter, a brother of the plaintiff’s: that some of the heirs made a deed to the said John, (which is exhibited,) and the others have either executed deeds, orare ready to do so at any time: that although the contract was made with the heirs by the…
2Cases cited2 opinions
- Abbott v. AllenNew York Court of Chancery · 1817
- McGlauflin v. HolmanWashington Supreme Court · 1890
3Cited by30 opinions
- Cecil v. ClarkWest Virginia Supreme Court · 1898
- Western M. & M. Co. v. Virginia Cannel Coal Co.West Virginia Supreme Court · 1877
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Hudson v. PutneyWest Virginia Supreme Court · 1878
- Corning v. . SmithNew York Court of Appeals · 1851
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