Lester v. Lester
Supreme Court of Virginia
This was a suit in equity iu the circuit court of Floyd county, brought by J. W. Lester and others, children of Abner Lester, Jr., deceased, against Fleming W. Lester and others.
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This was a suit in equity iu the circuit court of Floyd county, brought by J. W. Lester and others, children of Abner Lester, Jr., deceased, against Fleming W. Lester and others. The object of the suit was to enforce a parol contract, by which the plaintiffs alleged in their bill, Abner Lester, the elder, agreed with his son, Abner Lester, Jr., that the said Abner Lester, Jr., should have a certain tract of land which had been patented to Abner Lester, the elder, in consideration that Abner Lester, Jr., should support the said Abner, the elder, and his wife, during their lives; and to set…
1Opinion of the CourtAnderson, J.
The bill alleges a parol contract between a father and his son for the sale and purchase of a tract of land; part performance by the son, so as to take the •case out of the statute of frauds, and the faithful performance of the contract on the part of the vendee. It charges that after the vendee and his heirs had held uninterrupted possession for near twenty years under the said contract, and had made valuable improvements on the place, the defendants, taking advantage of the advanced age and infirmities of the vendor, being in his eighty-eighth year, fraudulently procured of him a conveyance…
2Cases cited1 opinion
- Wright v. PucketSupreme Court of Virginia · 1872
3Cited by8 opinions
- Kennedy v. EhlenWest Virginia Supreme Court · 1888
- Hanna v. WilsonSupreme Court of Virginia · 1846
- Tidewater Railway Co. v. HurtSupreme Court of Virginia · 1909
- Q. R. S. Co. v. Phillips-Jones Corp.Appellate Division of the Supreme Court of the State of New York · 1920
- Hanna v. WilsonSupreme Court of Virginia · 1846
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