Cleaver v. Matthews
Supreme Court of Virginia
Appeal from decree of circuit court of Frederick county, pronounced November 27th, 1886, in the cause of V. and J. H. Cleaver, plaintiffs, against P. T. Matthews and others, defendants, dissolving an injunction and sustaining a demurrer to the plaintiff’s bill.
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Appeal from decree of circuit court of Frederick county, pronounced November 27th, 1886, in the cause of V. and J. H. Cleaver, plaintiffs, against P. T. Matthews and others, defendants, dissolving an injunction and sustaining a demurrer to the plaintiff’s bill. The bill averred that in September, 1883, the appellants entered into a written contract with the appellee, Matthews, to purchase two contiguous tracts of land—one containing about sixty-eight acres, the other about three acres—at a stipulated price; that when the contract was entered into the vendor agreed to furnish a plat of the…
1Opinion of the Court
Lewis, P.,
after stating the case, delivered the opinion of the court.
We are of opinion that the decree is plainly right. The bill is demurrable on several grounds. In the first place, it lacks certainty and precision. It complains that the timber on four acres of the land has been cut, but it does not charge that the cutting was done after the land was purchased by the complainants, and, for aught that is alleged to the contrary, it may have been done before that time. That it was subsequently done is altogether a matter of inference. But, assuming that it was subsequently done, the result is…
2Cases cited1 opinion
- Buzard v. HoustonSupreme Court of the United States · 1886
3Cited by10 opinions
- Muller's Adm'r v. StoneSupreme Court of Virginia · 1888
- Smith v. WoodwardSupreme Court of Virginia · 1918
- Shrader v. GardnerWest Virginia Supreme Court · 1912
- Sacks v. TheodoreSupreme Court of Virginia · 1923
- Villers v. WilsonWest Virginia Supreme Court · 1983
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