Shenandoah Valley R. R. v. Dunlop

Citations

• 86 Va. 346
• 10 S.E. 239
• 1889 Va. LEXIS 48

Syllabus

<p>1. Deeds—Reformation—Mistake.—A deed will not be reformed to accord with a prior written contract where it appears that nothing was omitted by accident or mistake, but that the change was deliberately discussed and understanding^ made, with only an unauthorized assurance by the grantee’s agent that grantee’'would comply with the prior contract.</p> <p>2. Idem—Parol evidence—Merger.—In the absencé of fraud, accident, or mistake, the terms of a deed cannot he varied by parol evidence of what occurred between the parties either before or during its execution, all prior contracts, written or oral, between them, being merged in the subsequent deed.</p> <p>3. Specific performance—Executory contracts—Mutuality.— Contract to grant right of way over contiguous tracts of land of husband and wife, respectively, lacks mutuality, as it cannot be enforced against her, and hence not against the other party at their suit.</p> <p>4. Idem—Deed—General relief.—Where, however, husband and wife have granted by deed such right of way on certain stipulations therein set forth, they are entitled to specific performance thereof under their prayer for general relief.</p> <p>5. Appellate practice —Where no point was made in the pleading that the acknowledgment of the deed is void because taken by a notary ’ who was the agent of the grantee, such point cannot be considered by this court, as it can only decree upon the case as made by the pleadings.</p>