Shoemaker v. Cake
Supreme Court of Virginia
Appeal from decree of circuit court of Nansemond county-rendered February- 21st, 1885, in a cause wherein Nathan Shoemaker, J. J. Kirk, J. L. Shoemaker, and Etros Kirk were plaintiffs, and C. D. Cake was defendant. The latter purchased of former the timber standing on a certain boundary of laud for $3,000. Purchaser was to pay $1.00 per log as the lumber was removed until the whole price was paid.
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Appeal from decree of circuit court of Nansemond county-rendered February- 21st, 1885, in a cause wherein Nathan Shoemaker, J. J. Kirk, J. L. Shoemaker, and Etros Kirk were plaintiffs, and C. D. Cake was defendant. The latter purchased of former the timber standing on a certain boundary of laud for $3,000. Purchaser was to pay $1.00 per log as the lumber was removed until the whole price was paid. He had removed 5,000 or 6,000 logs and was removing another raft of logs without having paid a dollar per log as agreed. The plaintiffs obtained an injunction to stop the removal. Defendant answered…
1Opinion of the CourtLacy, J.
The appellants are the owners of a certain tract of land in the county of Nansemond, which they advertised for *3sale in a newspaper, published in the city of Norfolk, December 17, 1880, as 300 or 400 acres of timber land, containing some millions of feet of original growth timber, very low; and afterwards the same was advertised by general auctioneers of Norfolk city in the same newspaper as 400 acres of timbered land, etc. On the second day of February, 1881, the land was offered for sale, at public auction, to the highest bidder, but, there being no satisfactory bid for the land, the same…
2Cases cited2 opinions
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3Cited by15 opinions
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- Heckscher v. BlantonSupreme Court of Virginia · 1910
- Southern v. SineWest Virginia Supreme Court · 1924
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