Neel v. Neel

Citations

• 80 Va. 584
• 1885 Va. LEXIS 96

Syllabus

<p>Specific Performance — Case at bar. — In 1850 R. N. conveyed to S. lands in trust to secure debt to H. In 1874 a balance remained due, and trustee advertised sale. R. N., then old and feeble, asked his son, R. R. N., to pay the debt, and to take the land as his own, on condition of maintaining R. N. and wife during life. R. R. N. agreed, paid the debt, took possession of the land as his own, R. N. and wife making their home with and being maintained by him for seven years. But in 1881, R. N. conveyed the lands to G. H. N. and T. J. N. on the same conditions, — they having full notice of the contract of R. N. with R. R. N. The grantees in the last conveyance instituted suit, setting up the deed of 1881, and praying for a deed to them from the trustee. R. R. N. answered, and the latter filed his cross-bill, setting up his contract, its part performance, and his readiness and ability to perform the same on his part, and praying for cancellation of the deed of 1881, and for a conveyance from trustee to himself.</p> <p>Held ;</p> <p>By virtue of his contract, his payment of said balance, his possession and his part performance, R. R. N. has acquired an equitable title to the lands, which he has a right to have specifically enforced in equity.</p>