Canada v. Barksdale
Supreme Court of Virginia
Appeal of Beverly Canada to decree of circuit court of Halifax county rendered 7th October, 1878, in suit of William B. Barksdale against kim.
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Appeal of Beverly Canada to decree of circuit court of Halifax county rendered 7th October, 1878, in suit of William B. Barksdale against kim. In 1871, Canada bought of Yance Brown a tract of 820 acres of land near Scottsburg in that county, for $3,500, whereof $2,000 was payable cash, and balance 10th January, 1872. Canada paid $1,400 of the cash payment, and Barksdale in writing agreed to pay Brown $600 and $400 to Canada; then they were to own the land jointly—Canada to sell it; and, if sold, the net profits to be divided between them. If not sold before the deferred payment became due,…
1Opinion of the CourtChristian, J.
The court is of opinion that, upon the proofs and pleadings in this cause, it clearly appears that Canada and Barks-dale were partners in the purchase of real estate, and that the land in the bill and proceedings mentioned, purchased by them of A. Vance Brown, was bought on speculation, and was held by them as partners, as speculators in real *902estate, and. that they each held an interest in said land, according to the amounts which each had advanced respectively.
The court is further of opinion that the 426 acres purchased of Williams, trustee, was not purchased as the sole property of Canada,…
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