Averett v. Lipscombe

Citations

• 76 Va. 404
• 1882 Va. LEXIS 45

Syllabus

<p>1. Married Women—Separate estates,—Jus disponendi incident to estate settled to separate use of feme covert, unless restricted by the instrument creating it.</p> <p>2. Idem—Implied restriction.—Restraint on power of alienation may be implied, but the implication must be very clear.</p> <p>3. Idem—Conveyance.-—-Any instrument signed by her operates as a direction to the trustees to convey or hold the estate according to the new trust created by the direction. This suffices to pass her equitable interest. When the legal title is added, the alienation is complete. Taylor v. Meads, 34 Law Journal (N. S.), 203.</p> <p>4. Sale at Auction—Parol evidence.—In suit by vendors of land sold at public auction, against purchaser to compel him to comply, parol evidence is admissible to prove that the written memorandum of contract signed by the auctioneer, does not contain the stipulation relied on as a condition.</p> <p>5. Case at Bar —Testator devised real estate to L to be held by trustee until she arrived at age, or married, and so held for her separate use that neither the property, its proceeds or profits should be liable for her husband’s debts or contracts. L married and she, her husband, and her trustee attempted to sell and convey the property.</p> <p>Held :</p> <p>They have full power to sell and convey the property with good title.</p> <p>6. Idem.—By advertisement signed by all three, the real estate is offered for sale. Before auctioneer commenced, he announced that any purchaser should have right to examine the title, and if he was not satisfied with it, he should not be required to comply with the terms of the sale. As soon as he had knocked off the property to purchaser, auctioneer made a memorandum in writing of the contract and signed it, but omitted the stipulation announced as a condition. Purchaser, however, had relied on the announcement, and at once employed counsel to examine the title, who reported that he could not recommend it. Therefore purchaser ref