Beale v. Seiveley
Supreme Court of Virginia
Appeal from a decree of the circuit superiour court of law and chancery for Augusta county. In July 1830, Charles Beale filed his bill in the superiour court of chancery for the Staunton district, setting forth, that in 1825 he purchased from one Edward Wood a tract of land in Pocahontas county, described as part of lot number 5. in a survey said to contain 104,000 acres, and known as the Sherwood survey; the tract so purchased adjoining the lands of Warwick Gatewood and…
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Appeal from a decree of the circuit superiour court of law and chancery for Augusta county. In July 1830, Charles Beale filed his bill in the superiour court of chancery for the Staunton district, setting forth, that in 1825 he purchased from one Edward Wood a tract of land in Pocahontas county, described as part of lot number 5. in a survey said to contain 104,000 acres, and known as the Sherwood survey; the tract so purchased adjoining the lands of Warwick Gatewood and James M. Wood. That for this land he was to pay Edward Wood 500 dollars in May or June 1825, 350 dollars in August 1825,…
1Opinion of the CourtParker, J.
If the appellant had not received his deed in the present case, containing a general warranty, it might somewhat vary bis equitable rights. He admits in his bill that it was sent to him soon after its date, but says he never accepted it, or spread it upon the record as evidence of his title. Wood, in his answer, *669swears that he delivered it to the appellant, and that he made no objection to it. It is precisely such a deed as, under the title bond, Wood was bou,ud to make. It is dated in November 1828, and Beale was then in possession of the land, and had been in possession from October 1825.…
2Cases cited4 opinions
- Abbott v. AllenNew York Court of Chancery · 1817
- Gay v. HancockSupreme Court of Virginia · 1822
- Richards v. MercerSupreme Court of Virginia · 1829
- Grantland v. WightSupreme Court of Virginia · 1816