Spencer & White v. Wilson
Supreme Court of Virginia
Samuel Spencer and Thomas White exhibited their bill in the County Court of Loudoun, charging that the complainant Spencer purchased of Patrick Cavan, agent of William Wilson, a tract of land known by the name of Scotland Mills, for twelve hundred pounds ; that a deed was to be made on the payment of 600/., and three bonds were given to secure the balance, in annual payments of 200/. each ; that he paid the 600/. to Cavan, and received from him the deed executed by Wilson;…
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Samuel Spencer and Thomas White exhibited their bill in the County Court of Loudoun, charging that the complainant Spencer purchased of Patrick Cavan, agent of William Wilson, a tract of land known by the name of Scotland Mills, for twelve hundred pounds ; that a deed was to be made on the payment of 600/., and three bonds were given to secure the balance, in annual payments of 200/. each ; that he paid the 600/. to Cavan, and received from him the deed executed by Wilson; that he discharged the first bond, and Thomas White (the other complainant) the second, by payments to the said Cavan ;…
1Opinion of the Court
Judge Roane
pronounced the following opinion of this court.
The court is- of opinion that, although the appellants might have submitted the question, involving the authority of Patrick Cavan as agent lor the appellee, to the jury in the trial at law ; and although it may be that such jury ought, in that case, to have affirmed his competency to have received the sums paid on account of the bond in question ; yet it not appearing that such defence was actually made at that trial; and this being a question involving trust and confidence, and *136as such peculiarly appropriate to the jurisdiction of a…
2Cited by15 opinions
- Union Bank & Trust Co. v. Long Pole Lumber Co.West Virginia Supreme Court · 1912
- Oswald, Deniston & Co. v. TylerCourt of Appeals of Virginia · 1826
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Bonney v. SmithIllinois Supreme Court · 1856
- Conway v. EllisonSupreme Court of Arkansas · 1852
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