Meek v. Spracher

Citations

• 87 Va. 162
• 12 S.E. 397
• 1890 Va. LEXIS 105

Syllabus

<p>1. Practice in Chancery—Parties.—Vendee sues for abatement of price for deficiency in quantity of land. A person, not named in the contract, but known to vendee to have given his bond for part of the purchase money, and to be entitled to part of the land, is a proper party defendant.</p> <p>2. Idem—Eraud—Adequate remedy at law.—The fact that plaintiff-has adequate remedy at law, does not oust court of equity of its jurisdiction, where relief is sought on the ground that vendor fraudulently misrepresented the quantity of land sold.</p> <p>3. Idem—Charge of fraud.—The charge of fraud is sufficiently specific when it is alleged that vendor assured vendee that the tract contained 800 ' acres, whereof 300 were cleared; that vendee, relying on the assurance, made the purchase; that the tract contained only 700 acres, whereof only 158 were cleared, and that vendor knew this assurance was false. ✓</p> <p>4. Idem—Defect in title—Disturbance of possession.—Where answer in such suit alleges defect in title to property received in exchange for land sold, but does not allege that his possession has been disturbed, or file a cross-bill, he cannot complain if exception to that part of answer is ■ sustained, especially when final decree is without prejudice to his right to sue for such defect.</p> <p>5. Idem—Issue out of chancery.—Of its own motion the court may direct an issue out of chancery, to be tried at its bar when the evidence in the depositions is conflicting.</p> <p>6. Idem—Verdict—Decree—Instructions—Evidence.—A decree, based on verdict at trial of issue out of chancery, the decision whereof depended on the credibility of conflicting witnesses, will not be reversed because of errors in rulings on evidence and instructions; when it appears from , all the evidence, admitted and rejected, that the verdict is right. Snoufer v. Hansbrough, 79 Va., 166.</p>