Legal Opinion

Bailey v. James

Supreme Court of Virginia

Decided July 15, 1854PublishedCited by 21 opinions

This was an appeal from a decree of the Circuit court of Wood county, rendered in September 1851 in a cause in which John James was plaintiff and Charles P. Rathey was defendant. In the year 1797 or 1798 John James the elder purchased from Joseph Spencer a tract of between seven hundred and eight hundred acres of land in Wood county, and received a title bond for the title.

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This was an appeal from a decree of the Circuit court of Wood county, rendered in September 1851 in a cause in which John James was plaintiff and Charles P. Rathey was defendant. In the year 1797 or 1798 John James the elder purchased from Joseph Spencer a tract of between seven hundred and eight hundred acres of land in Wood county, and received a title bond for the title. He died, as the bill alleges, in or about 1800, leaving several children and heirs, of whom each was entitled to one-seventh of the land. On the 8th of July 1803, John Gillispie and Esther his wife, who was one of the…

1Opinion of the Court

ALLEN, P.,

after stating the case, proceeded:

It is objected by the appellant’s counsel that the court erred in not decreeing a deed from the vendor to the vendee. The vendor had not the legal title. This *was known to the vendee, and the vendor merely sold his equitable interest under the title bond, and authorized and empowered the vendee to acquire the legal title from Spencer’s heirs. The obligation devolved on the appellant to institute proper proceedings to get in the legal title if he had deemed it of any importance to him. He was no doubt content to rest on the title bond executed more…

2Cited by21 opinions

  1. Crislip v. CainWest Virginia Supreme Court · 1882
  2. Ison v. SandersCourt of Appeals of Kentucky · 1915
  3. Clarke v. ReinsSupreme Court of Virginia · 1855
  4. Ferry v. ClarkeSupreme Court of Virginia · 1883
  5. Barnett v. Cloyd's Ex'rsSupreme Court of Virginia · 1919

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