Hull v. Watts

Citations

• 95 Va. 10
• 27 S.E. 829
• 1897 Va. LEXIS 3

Syllabus

<p>1. Chancery Jurisdiction—Siiits for Deficiency in Quantity of Land— Mistake—Adequate Remedy at Law.—Courts of equity have jurisdiction to render decrees for the value of the deficiency in the quantity of land sold by the acre. The basis of this jurisdiction is either mutual mistake, or the mistake of one party occasioned by the fraud or culpable negligence of the other. The jurisdiction being elementary, it is immaterial that the complainant has a complete and adequate remedy at law.</p> <p>2. Statute oe Limitations—Deficiency m Quantity of Land.—The right of a purchaser to recover for deficiency in the quantity of land sold by the acre is not affected by the lapse of time, nor generally by anything done or omitted by him, so long as, without fault on his part, he is in ignorance of the deficiency.</p> <p>3. Sales oe Land—Presumed to tie tly the Acre.—Every sale of land where the quantity is referred to in the contract is presumed to be a sale by the acre, unless the language of the contract plainly indicates a sale in gross, and this presumption can only be overcome by clear and cogent proof.</p> <p>4. Issue out oe Chancery—Effect of Verdict—Decree for Deficiency of Land—Interest.—It is not error to direct an issue out of chancery to determine the quantity of the deficiency in the sale of a tract of land where the evidence as to the boundary lines of the tract is conflicting. But the court is not bound by the verdict, and may modify or disregard it altogether. The decree, however, for the amount of the deficiency should bear interest from the date of the deed from the grantor sued.</p>