Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 1
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Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 1

Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 1


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1866 edition. Excerpt: ...i. e., that legal rights should be tried and determined in courts of law, and equitable rights heard and decreed in the courts of equity. The right of the plaintifl' in the court below, was a more equity, arising out of an executory contract to sell and deliver possession. The legal title remained in the defendant below, who refused to execute his contract. For the breach of contract, a court of law will inquire of the damages, and in a proper case, a court of equity will compel specific execution. But it would seem incongruous for a court of law to enforce specific performance, in whole or in part, (for such it would be, pro tanio) to recover the possession under the executory agreement in this case, in the proceeding of unlawful detainer. And this view of the case would seem to be strengthened by the provisions of the statute, code of 1860, page 611, sections 20 and 21; and the very stringent rule of construction of that statute, by the court of appeals in the ease. of Davis et als vs. Feays ei als, 3 Grat., 283. If the equitable rights of the parties could be inquired into and determined in a court of law without that statute, its passage was unnecessary and useless. Upon the whole then, I conclude that it was not competent for the plaintiff in the court below, to recover the possession upon a mere equitable right arising under the executory contract or title bond in this case; and that therefore, the said title bond ought to have been excluded from the jury as evidence of right to the possession, upon the objection taken to its admisibility by the defendant, Wilson. And the demurrer to the evidence should have been sustained, and judgment rendered thereon for the defendant. The objection, taken here, by the attorney for the plaintiff...


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Product Details
  • ISBN-13: 9781234108717
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 152
  • Spine Width: 8 mm
  • Width: 189 mm
  • ISBN-10: 1234108712
  • Publisher Date: 14 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 286 gr


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Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 1
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