Averett v. Lipscombe
Supreme Court of Virginia
Appeal from decree of hustings court of Danville in suit of Lelia Gray, Robert F. Gray, her husband, and W. P. Averett, her trustee, against John P. Lipscombe, to enforce specific performance of a purchase by him of the female, plaintiff’s real estate, made at auction on printed advertisement, signed by herself, husband and trustee. Court below dismissed the bill, and the plaintiffs appealed to this court.
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Appeal from decree of hustings court of Danville in suit of Lelia Gray, Robert F. Gray, her husband, and W. P. Averett, her trustee, against John P. Lipscombe, to enforce specific performance of a purchase by him of the female, plaintiff’s real estate, made at auction on printed advertisement, signed by herself, husband and trustee. Court below dismissed the bill, and the plaintiffs appealed to this court. The facts and the grounds of defence are fully set forth in the opinion of the court.
1Opinion of the CourtBurks, J.
This is the case of a bill filed by a married woman in conjunction with her husband and her trustee to enforce specific performance of a contract for the sale of her separate real estate. One of the grounds on which the purchaser resisted the execution. of the contract was, that neither the wife, nor husband, nor trustee, nor any nor all of them combined, could make a good title to the property contracted to be sold; in other words, that the property was settled to the separate use of the wife without the power of alienation. The court below sustained that view, and upon that ground, and that…
2Cases cited1 opinion
- Bank of Greensboro' v. ChambersSupreme Court of Virginia · 1878
3Cited by16 opinions
- Halsey v. MorteiroSupreme Court of Virginia · 1896
- Bensimer v. FellWest Virginia Supreme Court · 1891
- Hollingsworth v. ColthurstSupreme Court of Kansas · 1908
- Campbell v. HartCourt of Appeals of Texas · 1953
- Carpenter & Co. v. Virginia-Carolina Chemical Co.Supreme Court of Virginia · 1900
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