Cox v. Cox
Supreme Court of Virginia
In May 1878 Anderson Cox and four others, children of Joseph Cox deceased, filed their bill in the Circuit court of Carroll county, against Solomon Cox, seeking to enforce a specific execution of an agreement between Joseph Cox and his father Enoch Cox, by which, as they alleged, in consideration that Joseph Cox would support the said Enoch Cox and his wife during their lives, the said Enoch would give to the said Joseph the tract of land on which they then lived.
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In May 1878 Anderson Cox and four others, children of Joseph Cox deceased, filed their bill in the Circuit court of Carroll county, against Solomon Cox, seeking to enforce a specific execution of an agreement between Joseph Cox and his father Enoch Cox, by which, as they alleged, in consideration that Joseph Cox would support the said Enoch Cox and his wife during their lives, the said Enoch would give to the said Joseph the tract of land on which they then lived. The plaintiffs alleged that in pursuance of said agreement the said Joseph did enter upon the land and support the said Enoch and…
1Opinion of the Court
Staples J.
delivered the opinion of the court.
Every bill for the specific execution of a contract is an application to the sound discretion of the court. It is not a case requiring the interposition of the court ex debito justitice, but rests in their discretion upon all the circumstances. He who seeks the exercise of this extraordinary jurisdiction must show a contract certain and definite in its terms: that he himself is in no default, but has performed his part of the agreement; or in the language of the judges, that he is “ready, desirous, prompt and eager” to do so. If the contract is…
2Cases cited1 opinion
- Harvie v. BanksSupreme Court of Virginia · 1823
3Cited by12 opinions
- Burdine v. Burdine's Ex'orSupreme Court of Virginia · 1900
- Frame v. FrameWest Virginia Supreme Court · 1889
- Burkholder v. LudlamSupreme Court of Virginia · 1878
- Torgerson v. HaugeNorth Dakota Supreme Court · 1916
- Berry v. BerryWest Virginia Supreme Court · 1919
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