Allen v. Smith
Supreme Court of Virginia
The appellee exhibited his bill against the appellants, in the superiour court of chancery of Clarksburg, in November 1824, setting forth, that a tract of 100,000 acres of land in .Randolph county was granted to general Daniel Morgan assignee of Joseph Tidball, by patent dated March 9th 1790. Morgan sold this land to Jesse Sims, received tlie purchase money, and gave him a bond binding himself to make a conveyance; but this bond had been lost or mislaid.
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The appellee exhibited his bill against the appellants, in the superiour court of chancery of Clarksburg, in November 1824, setting forth, that a tract of 100,000 acres of land in .Randolph county was granted to general Daniel Morgan assignee of Joseph Tidball, by patent dated March 9th 1790. Morgan sold this land to Jesse Sims, received tlie purchase money, and gave him a bond binding himself to make a conveyance; but this bond had been lost or mislaid. After this, on the 27th August 1800, Sims, being in embarrassed circumstances, conveyed this land, among other property, to John and Peter…
1Opinion of the CourtCarr, J.
Many objections to the decree, were urged in -the argument.
The first was, that Smith did not shew himself possessed of the equitable claim of Sims, upon Morgan: because, 1. he had not proved himself a creditor of Sims, since the evidence of Lee was secondary, speaking of a suit on a bond assigned by Sims to Smith, of which suit there must be a record, which being the highest evidence, was alone admissible : but, 2. if Smith had been a creditor in 1800, this debt must be presumed to have been paid before 1821, when he elected to take the land : or if not, 3. after such a lapse of time, and…
2Cited by31 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Hays v. HeatherlyWest Virginia Supreme Court · 1892
- Biern v. RayWest Virginia Supreme Court · 1901
- Dickey v. LyonSupreme Court of Iowa · 1865
- First Nat. Bank of Cumberland v. ParsonsWest Virginia Supreme Court · 1896
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