Dobson v. Culpepper & Wife

Citations

• 23 Va. 352

Syllabus

<p>C. and wife sell li.er land to D., but do not convey it to him. D. fails to comply with his contract; and C. and wife convey the land to G. the son of C.’s wife; and then C. and wife bring unlawful detainer against D. to recover the land. Held :</p> <p>1. If D. had complied with his contract, so that he wfas entitled to a conveyance, he might have set up the defense under the statute in this proceeding.</p> <p>2. Though D. cannot question the title of C. and wife as at the time of the sale, he majr show in his defense that they • had since conveyed the land to G.</p> <p>3. By their conveyance to &., C. and wife lost their right to recover the land from D.; and the action should have been in the name of G.; and D. could not question the title of G.</p>