Peers v. Barnett
Supreme Court of Virginia
Some time previous to 1809 William Barnett died, leaving a widow and eight children, and possessed of a tract of land in the county of Goochland containing, according to an old survey, two hundred and fifty-seven acres. The widow seems to have had a life estate in the land, and to have died previous to the year 1828. One son, George C. Barnett, seems to have died after his father, intestate and unmarried; and his brothers and sisters were his heirs.
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Some time previous to 1809 William Barnett died, leaving a widow and eight children, and possessed of a tract of land in the county of Goochland containing, according to an old survey, two hundred and fifty-seven acres. The widow seems to have had a life estate in the land, and to have died previous to the year 1828. One son, George C. Barnett, seems to have died after his father, intestate and unmarried; and his brothers and sisters were his heirs. On the 4th day of January 1828, Robert F. Barnett, George Southworth and Elizabeth his wife, Cisley Pollack, in her own right and in right of…
1Opinion of the Court
Allen, P.
delivered the opinion of the court:
A distinction seems to have been taken by some of the reported cases, as to the relief a court of equity will extend to a vendee who has accepted his deed with covenants of general warranty, where he seeks to enjoin a judgment for or the collection of the purchase money, and the case where the vendor, instead of proceeding against the vendee personally, is attempting to sell the land under a deed of trust or by a bill in equity; that although the facts may not *416authorize the court to enjoin the collection of the purchase money by a proceeding against…
2Cases cited2 opinions
- Gay v. HancockSupreme Court of Virginia · 1822
- Clarke v. HardgroveSupreme Court of Virginia · 1851
3Cited by10 opinions
- Hurt v. MillerSupreme Court of Virginia · 1897
- Hanna v. WilsonSupreme Court of Virginia · 1846
- Hanna v. WilsonSupreme Court of Virginia · 1846
- Hanna v. WilsonSupreme Court of Virginia · 1846
- Phippen v. DurhamSupreme Court of Virginia · 1852
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