Hendricks v. Gillespie
Supreme Court of Virginia
In July 1868 Thomas H. Gillespie filed his bill in the Circuit court of Tazewell county, in which he set out, that in December 1860 he sold and conveyed to A. Rullen Hendricks a tract of land containing two thousand and thirty acres, lying in the county of Tazewell, for the sum of $22,600, of which $18,000 was unpaid, and a lien therefor was reserved in the deed, a copy of which he filed with the bill.
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In July 1868 Thomas H. Gillespie filed his bill in the Circuit court of Tazewell county, in which he set out, that in December 1860 he sold and conveyed to A. Rullen Hendricks a tract of land containing two thousand and thirty acres, lying in the county of Tazewell, for the sum of $22,600, of which $18,000 was unpaid, and a lien therefor was reserved in the deed, a copy of which he filed with the bill. That the unpaid purchase money was due in instal-ments, one of which, for $6,000, was due on the 15th of May 1863; and one *for$ , was due in , &c. : That, on the first named note, suit had…
1Opinion of the CourtAnderson, J.
The execution of the deed of December 1860, by Gillespie to Hendricks, was not a performance of his executory contract of the 14th of *Jttne. He was bound not merely to make a deed, but to procure and convey a good title with general warranty. Was he invested with a good title himself at the time he executed said deed to the lands conveyed by it, or to which he was bound by his contract to make a good title?
He was bound by his contract to make a good title to the following tracts, to wit: First, Samuel W. Cecil’s tract, shown by survey to contain 317 acres, described as formerly belonging to…
2Cases cited4 opinions
- Christian v. CabellSupreme Court of Virginia · 1872
- Garnett v. MaconU.S. Circuit Court for the District of Eastern Virginia · 1825
- Hundley v. LyonsSupreme Court of Virginia · 1817
- Griffin's Ex'or v. CunninghamSupreme Court of Virginia · 1870
3Cited by7 opinions
- Max Meadows Land & Improvement Co. v. BradySupreme Court of Virginia · 1895
- Newberry v. FrenchSupreme Court of Virginia · 1900
- Hanna v. WilsonSupreme Court of Virginia · 1846
- Hanna v. WilsonSupreme Court of Virginia · 1846
- Stearns v. BeckhamSupreme Court of Virginia · 1879
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