Watts v. Kinney
Supreme Court of Virginia
George Holloway and his sister Elizabeth wife of Nicholas Kinney, being entitled, by devise from an uncle, to a tract of 916 acres of land in Amherst, that is, each to a moiety, and holding the same as tenants in common, a parol contract was made between Kinney and Holloway, whereby Kinney agreed to sell his wife’s undivided moiety to Holloway ; and, thenceforth, Holloway, who had previously been in possession of the whole tract as one of the tenants in common, continued to…
Read the full summary
George Holloway and his sister Elizabeth wife of Nicholas Kinney, being entitled, by devise from an uncle, to a tract of 916 acres of land in Amherst, that is, each to a moiety, and holding the same as tenants in common, a parol contract was made between Kinney and Holloway, whereby Kinney agreed to sell his wife’s undivided moiety to Holloway ; and, thenceforth, Holloway, who had previously been in possession of the whole tract as one of the tenants in common, continued to hold it as intirely his own. In 1822, Kinney reduced to writing, the terms of the agreement between him and Holloway, as…
1Opinion of the Court
Tucker, P.
If the appellants’ case is to be sustained in this court, I am inclined to think it cannot be on the ground of their having presented themselves as attaching creditors in this suit, or as seeking to become parties to the attachment of Kinney, or as entitled to avail themselves of the naked subpoena which they sued out of the court of chancery of Lynchburg. Their bill assumes not at all the shape of an attachment; nor do they ask to participate in the benefits of Kinney's, upon the usual terms of the court; so that we may throw out of the case the various questions which have been…
2Cases cited1 opinion
- Campbell v. MacombNew York Court of Chancery · 1820
3Cited by7 opinions
- United States F. & G. Co. v. BramwellOregon Supreme Court · 1923
- Haden v. FallsSupreme Court of Virginia · 1914
- Pence v. LifeSupreme Court of Virginia · 1905
- Hanna v. WilsonSupreme Court of Virginia · 1846
- Ferebee v. ToddSupreme Court of Virginia · 1930
2 more not listed; retrieve them via the Exa API.