Stearns v. Beckham

Citations

• 31 Va. 379

Syllabus

<p>1. For the grounds and principles upon which a court of equity will or will not enforce the specific execution of a contract for the sale of land—see the opinion of Burks, J.</p> <p>2. For the grounds and principles upon which a court of equity, refusing to enforce a specific execution of a contract for the sale of land, will direct an account of the purchase-money and rents, &c.—see the opinion of Staples, J.</p> <p>3. The committee of a vendor of land files a hill, which, on the death of the vendor, is revived in the name of his heirs, to set aside a contract and deed for the sale and conveyance of land on the ground of the vendor’s incompetencv, of the improper influence exercised upon him, and for inadequacy of consideration. The court sets aside the deed and directs that the vendees shall surrender the land, unless within ninety days they file a bill for the specific execution of the contract; which they do—Held :</p> <p>1. Upon the evidence that the court would not enforce or rescind the contract.</p> <p>2. It seems that in such case the court will direct an account of the purchase-money paid in Confederate currency by the vendees, and of rents and profits, though a large portion of the purchase-money was paid when the deed was executed, and the vendor was wholly incompetent to act.</p> <p>3. If upon taking the account there is a balance found due, it is a lien upon the land, and may be enforced inequity.</p> <p>4. The heirs of the vendor are not responsible personally for such balance.</p>