Kent's Representatives v. Watson's Heirs

Citations

• 22 W. Va. 561
• 1883 W. Va. LEXIS 81

Syllabus

<p>1. A party enters into a verbal contract for the purchase of land from a commissioner of the court, who is authorized to make a private sale of land subject to the confirmation of the court, and enters upon the land and improves it, but the sale is not reported to the court or any part of the purchase-money paid, and he then by a written contract, without warranty, sells his claim and improvement in and upon the land to a third person, stating therein that the title to the land is outstanding, but makes no reference to his verbal purchase. More than ten years after the sale of his claim he buys the same land from the commissioner by a written contract, and thereafter the assignee of the person to whom he sold his claim purchases from the commissioner a part of said land with full notice of the written contract of purchase by said party and obtains from the commissioner a deed for such part, neither of said sales having been confirmed by the court. Held :</p> <p>That the last purchase by said party is valid and he is entitled to the land as against said assignee of the person to whom he sold his claim, and his purchase should be confirmed by the court, (p. 566.)</p> <p>2. Where a party sells and conveys, without warranty, a particular claim or title to land, he is not thereby estopped from purchasing a superior adverse or outstanding title and holding the land under such superior title against the grantee of such particular claim or title where there was no fraud or concealment in the sale of said particular claim. Ail estoppel is never extended beyond what is called for by the plain import of the terms employed by the grantor in the conveyance, (p. 568.)</p>