Clarke v. Hardgrove
Supreme Court of Virginia
This was a suit in equity in the Circuit court of Dinwiddie by Thomas E. Clarke against Thomas Hard-grove and others. In his bill he charged that he in September 1839, bought of Thomas Hardgrove of the city of Richmond a tract of land containing eleven hundred and seventy-six acres, lying in the county of Dinwiddie, at- the price of 11,000 dollars; and that Hardgrove had conveyed the land to him by a deed with general warranty.
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This was a suit in equity in the Circuit court of Dinwiddie by Thomas E. Clarke against Thomas Hard-grove and others. In his bill he charged that he in September 1839, bought of Thomas Hardgrove of the city of Richmond a tract of land containing eleven hundred and seventy-six acres, lying in the county of Dinwiddie, at- the price of 11,000 dollars; and that Hardgrove had conveyed the land to him by a deed with general warranty. That in the same year the plaintifF had sold a tract of land in Nottoway to Samuel Scott for 10,000 dollars, for which he had received Scott’s three bonds of 3333…
1Opinion of the CourtAllen, J.
The Court is of opinion, that as the appellant has clearly shewn that at the institution of his suit the title J ' to a portion of the land conveyed to him was defective, he had a right, notwithstanding a deed with general warranty had been made, to enjoin the collection of the purchase money; Koger v. Kane, 5 Leigh 606, and cases there cited; and that such right is not impaired though the vendor is seeking to collect the purchase money, not directly from the purchaser, but from a third person on a collateral security assigned to him by the purchaser: It not being incumbent upon the…
2Cited by12 opinions
- Worthington v. StauntonWest Virginia Supreme Court · 1880
- Heavner v. MorganWest Virginia Supreme Court · 1887
- Kelly v. RileyWest Virginia Supreme Court · 1883
- Heavner v. MorganWest Virginia Supreme Court · 1895
- Wamsley v. StalnakerWest Virginia Supreme Court · 1884
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