Cleaver v. Matthews

Citations

• 83 Va. 801
• 3 S.E. 439
• 1887 Va. LEXIS 125

Syllabus

<p>Equitable Jurisdiction and Relief &emdash;Vendor and Vendee&emdash;Bill&emdash; Demtirrer&emdash;Case at bar.&emdash;A bill by vendees averring purchase of two parcels of land at a price named, and execution of trust-deed for unpaid purchase-money; prior sale of four acres of the land to B., whereof vendees had no notice; delivery of deed, with general warranty,- by vendor to them, with plat of boundaries, whereof they had till then been ignorant, as well as that the four acres was part of one “of these parcels; the cutting off of the valuable timber on the four acres before delivery to them of the deed and plat; the damage to them by reason of such cutting; the advertisement for sale of both parcels, whereas one was ample; the insolvency of their vendor; and praying for an injunction to the sale, and for a credit on the balance of purchase-money to the extent of the damages aforesaid, and for general relief; but not averring whether the cutting was done before or after their purchase, or by whom it was done, or that they did not get all the land they contracted for&emdash;</p> <p>Held :</p> <p>Bad for want of certainty and precision, and for want of equity.</p>