Rosenberger v. Bowen

Citations

• 84 Va. 675
• 5 S.E. 699
• 1888 Va. LEXIS 127

Syllabus

<p>Unlawful Detainer—Failure to comply.—At the trial it was shown in evidence that defendant was in possession of a tract of land, under written contract with plaintiff to convey by deed with general warranty; that there were at the time, vendor’s and judgment liens on the land; that nearly the whole contract price and part of the vendor’s lien had been paid to avoid a sale therefor; that defendant, being able and willing to pay the balance, demanded a deed, which plaintiff failed to give, himself not having the title; but that the plaintiff afterwards demanded possession:</p> <p>Held:</p> <p>The plaintiff cannot maintain his action.</p>