Cheatham v. Cheatham's Ex'or

Citations

• 81 Va. 395
• 1886 Va. LEXIS 106

Syllabus

<p>1. Specific Performance—Husband and wife— Wife’s lands.—If husband and wife agree to sell and convey wife’s lands, the agreement cannot be specifically enforced in a court of equity—not against wife, because she is incapable of binding herself by an executory contract ; not against husband, because coercion against him would be moral coercion against her, and not against the other party, because then the obligation of the contract would not be mutual, and the remedies equal. Chilhowie Iron Co. v. Gardiner, 79 Va. 307.</p> <p>2. Fiduciaries—Administration—Hule, &o.—Fiduciary cannot be compelled, by summary process of rule, to show cause why he shall not be fined and imprisoned, to pay a decree against him as such, especially where his accounts have not been settled in the suit, and it has not been shown that he has assets in his hands.</p>