Legal Opinion

Gentry v. Gentry

Supreme Court of Virginia

Decided March 5, 1891PublishedCited by 8 opinions

Appeal from two decrees of circuit court of Greene county, rendered, respectively, on the 12th day of November, 1888, and on the 13th day of November, 1889. The suit was by bill in equity by the appellee, W. B. Gentry, seeking to compel specific performance by the appellants, B. 0. Gentry and his wife, Josephine 0. Gentry, of a contract in writing for the sale of a tract of land in the bill mentioned, and the appellee, Lillie A. Gentry, an infant, who was interested in the…

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Appeal from two decrees of circuit court of Greene county, rendered, respectively, on the 12th day of November, 1888, and on the 13th day of November, 1889. The suit was by bill in equity by the appellee, W. B. Gentry, seeking to compel specific performance by the appellants, B. 0. Gentry and his wife, Josephine 0. Gentry, of a contract in writing for the sale of a tract of land in the bill mentioned, and the appellee, Lillie A. Gentry, an infant, who was interested in the result of the suit—some of the purchase-money bonds having been, at the request of the vendors, executed payable to her,…

1Opinion of the CourtLacy, J.

(after stating the case), delivered the opinion of the court.

We are of opinion that the circuit court of Greene did not ■err in overruling the demurrer of the defendants, B. G. Gentry and Josephine C. Gentry, to the plaintiff’s bill, and that the same was properly overruled.

Lillie A. Gentry was interested in the result of the controversy, and it is a general rule in equity that all parties in interest shall be made parties to a cause, either as plaintiffs or, as defendants.

Upon the merits, the claim of the defendants in the circuit court was that the contract sought to be enforced against…

2Cited by8 opinions

  1. Armstrong v. Maryland Coal Co.West Virginia Supreme Court · 1910
  2. Virginia Coal & Iron Co. v. RobersonSupreme Court of Virginia · 1891
  3. Evans v. SpurginSupreme Court of Virginia · 1854
  4. Day v. DevittNew Jersey Court of Chancery · 1911
  5. Dunn v. StowersSupreme Court of Virginia · 1905

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