Jollife v. Hite
Court of Appeals of Virginia
The bill stated, that Mary M’Donald, having devised her real and personal estate should he sold by the defendants, her executors, they advertised the lands for sale as follows: “ By virtue of the last will and testament of the late Mrs. Mary M’Donald, will be sold to the highest bidder, &e. that excellent seat, containing five hundred and, seventy-eight acres, &c.” going on to describe its qualities, &c.
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The bill stated, that Mary M’Donald, having devised her real and personal estate should he sold by the defendants, her executors, they advertised the lands for sale as follows: “ By virtue of the last will and testament of the late Mrs. Mary M’Donald, will be sold to the highest bidder, &e. that excellent seat, containing five hundred and, seventy-eight acres, &c.” going on to describe its qualities, &c. That on the day of sale, a proclamation was made to the following effect: “ That an indefeasible title would be made to the purchaser, for the number of acres specified in said recited…
1Opinion of the Court
Wickham, in reply.
Relying on the case of Quesnel v. Woodlief, I have not brought authorities to prove parties contracting under a mistake may be relieved; but believe, that many such may be produced.
Car. ad-Vo vult.
ROANE, Judge.
Two general questions present themselves in this case. 1st. Whether, by the contract which took place between the parties, relative to the land in question, the appellees bound themselves to any general warranty as to the land really contained within the tract then sold? and, if not, as I am clearly induced to believe from the testimony; then 2nd. Whether under.all the…
2Cases cited1 opinion
- Nelson v. CarringtonSupreme Court of Virginia · 1815
3Cited by22 opinions
- Crislip v. CainWest Virginia Supreme Court · 1882
- Nelson v. CarringtonSupreme Court of Virginia · 1815
- Stebbins v. EddyU.S. Circuit Court for the District of Rhode Island · 1827
- Depue v. SergentWest Virginia Supreme Court · 1883
- Blessing's adm'rs v. BeattySupreme Court of Virginia · 1842
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