Click v. Green & Sadler

Citations

• 77 Va. 827
• 1883 Va. LEXIS 117

Syllabus

<p>1. Vendor and Vendee—Breach of warranty—Measure of damages.—The fixed rule as to the measure of damages to which vendee is entitled upon a breach of warranty of title, is the amount of purchase money paid by him, with interest from the date of his eviction from the land. Threlkeld v. Fitghugh, 2 Leigh, 451, approved.</p> <p>2. Idem—Covenants, joint or several.—C. and S. being jointly in possession as joint owners of land, jointly sell same to G. and S., and convey it to them. In their deed they say: “And the said C. and S. covenant that they will warrant generally,” &c.</p> <p>Held:</p> <p>This is a joint and several warranty; and both warrantors are responsible to the vendees, upon their eviction, for the payment of the full measure of the damages.</p> <p>3. Fraudulent Conveyances—Circumstances indicating fraud.—-Conveyance of all his property by a father, greatly in debt and apprehensive of a heavy liability by the decision of a suit against him for damages for breach of warranty of title to land sold by him to his son for an improbable cash payment, and deferred payments without interest, extending through a period of fifteen years, and agreements on son’s part t© provide maintenance for his father and mother during their lives, presents a case which, without full explanation, is indicative of fraudulent intent, especially where the son, who might afford the necessary explanation, if- any there was, is not examined as a witness, in the suit to set aside the conveyance for fraud.</p> <p>4. Deeds—Consideration—Extrinsic evidence.—It is well settled that the consideration named in a deed may be enquired into. Summers v. Dame, 31 Gratt. 804. But he who undertakes to show a different consideration, must do it by satisfactory proof.</p>