Sharpe v. Gibson

Decided September 15, 1803

General Court of Virginia · decided 1803-09-15

Debt upon a writing obligatory, dated the 29th of August 1797, conditioned for the payment of £9 current money per acre, for as many acres of land as plaintiffs should make the defendant, his heirs, &c. a good and legal title to in Island Creek Neck, agreeably to a bond of equal date with the said writing obligatory, passed by the plaintiffs to the defendant, &c. The defendant pleaded, 1st. General performance, and 2dly.

Decided 1803-09-15

Done, J.

¶1(a) The Court are of opinion, that the evidence offered by the defendant is not competent and legal evidence to go to the jury to rebut the claim and title of the plaintiffs to any'part of the lands to which they claimed title, and which are included in their deed to the defendant, or to shew that the title to any part of the lands so conveyed was not in the plaintiffs at the time of makingthe conveyance to the defen■dant. The defendant excepted.

¶2Verdicts and judgment for the plaintiff. The defendant appealed to'the Court of Appeals.

¶3The Court oe Arte aus , at June term 1805, affirmed the judgment of the General Court.

¶4 Chase, Ch. J. absent. Sprigg, J. concurred.