Carter's v. Carter
Supreme Court of Virginia
THIS was a suit in chancery, in behalf of Charles Carter (of Shirley,) and others, against Robert Carter of Nomony. The bill stated that Robert Carter (of Corotoman,) Robert Carter (of Nomony,) Charles Carter of Cleve, and Mann Page (of Rosewell,) entered into a partnership as tenants in common, for working a copper mine adjoining a run, called Frying Pan, in the then county of Stafford, and sundry agreements respecting the same, and for the purchase of some adjoining lands;…
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THIS was a suit in chancery, in behalf of Charles Carter (of Shirley,) and others, against Robert Carter of Nomony. The bill stated that Robert Carter (of Corotoman,) Robert Carter (of Nomony,) Charles Carter of Cleve, and Mann Page (of Rosewell,) entered into a partnership as tenants in common, for working a copper mine adjoining a run, called Frying Pan, in the then county of Stafford, and sundry agreements respecting the same, and for the purchase of some adjoining lands; after which, tl;e said Mann Page died, having first devised Ms share among his six sons. Ralph, Mann, Carter, John,…
1Opinion of the Court
March 20th, 1816, the president pronounced the following as the court’s opinion.
It seems to the court here that the partition of the lands in this case, was made under an interlocutory decree, which proceeded on the principle, that the sale by Robert Carter to Semple was null and void ; and the lands embraced by that sale were included in the division, in the same manner as if the sale had never been made. If the sale to Semple were now to be regarded as null and void, the partition, as first made, would undoubtedly be confirmed by this court, as there is no evidence of any inequality. That…
2Cited by8 opinions
- Leake v. HayesWashington Supreme Court · 1895
- Young v. FrostCourt of Appeals of Maryland · 1851
- William H. Williams, in Error v. James Ash, in ErrorSupreme Court of the United States · 1842
- Colvert v. Millstead's adm'xSupreme Court of Virginia · 1834
- Fred v. DixonSupreme Court of Virginia · 1876
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