Smith v. Henkel

Citations

• 81 Va. 524
• 1886 Va. LEXIS 121

Syllabus

<p>1. Appellate Court—Objections there.—Where sales-commissioner’s report shows that sale was made as decree prescribed and no exception was made below, none can be made here.</p> <p>2. Idem—Guardian ad litem—Record.—When it appears of record that the infant defendants appeared and answered by their guardian ad litem, and that there was a general replication thereto, it will be presumed here that the answer was regularly filed, though the answer itself is not found among the papers in the record.</p> <p>3. Equity jurisdiction and relief—Enforcement of lien—Specific performance.—Enforcement in equity of a retained vendor’s lien is a matter of right. Specific execution of contract is a matter of sound'judicial discretion.</p> <p>4. Fraud—Inadequacy— Exorbitancy.—Neither exorbitancy nor inadequacy of price will violate a sale, unless coupled with fraud, misrepresentation, imposition, mutual mistake of confidential relations. In the absence of these elements the courts will enforce the contract.</p> <p>5. Infancy.—Where infants, apparently of full age, buy land, give their bonds, take a deed with vendor’s' lien retained, and fail to pay, and suit is brought to enforce the lien on the land and the purchasers, then of age, set up the defence of infancy when their bonds were signed; the suit not being on their bonds but to enforce the lien in rem, the infancy is immaterial.</p> <p>6. Fraud—Estoppel—Laches— Case at bar.—Even where the evidence is sufficient to establish fraud on the part of vendor, yet vendees may be estopped by their acquiescence, by the lapse of time and other circumstance from setting up such defence.</p> <p>.7. Account— When unnecessary.—Where in suit to enforce vendor’s lien purchaser’s bonds with credits endorsed are filed with the bill and answer does not claim additional credits, an account is not required before decree of sale.</p>