Linkous v. Cooper

Decided January 15, 1867

West Virginia Supreme Court · decided 1867-01-15

John Cooper filed a bill in chancery in the circuit court of Raleigh county at September rules 1860, alleging that in 1852, one Henry Massey departed this life, leaving a widow, Mariah T. Massey; that lie was seized in fee simple of a certain tract of land lying in said county, known as the Shumate Place, and that Massey by bis last will and testament .devised the same to Ms widow; that complainant Cooper bad married the widow by whom she bad issue of two children, one of…

Cited by 1 later decisions — most recently July 1846

1 state decisions

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Decided 1867-01-15

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Maxwell, J.

¶1The suit is to enforce the sale made by Cooper of the tract of land in which he has only a life estate, and to enforce the vendor’s lien in favor of the said Cooper against the said lands for the payment of the purchase money due, and the decree is in conformity to the bill.

¶2The defendant refuses to take the land unless he can get a good title. The complainant cannot make a good title and is not entitled to a specific execution of his contract. Goodin vs. Vaughn & Co., 14 Gratt., 117; McCarm vs. Jones, 1 Rob. R., 256; Watts vs. Kinney, 3 Leigh, 272; Clark et als. vs. Reins, 12 Gratt., 98.

¶3I think the decree ought to be reversed and the bill dismissed with costs to the appellant.

The President concurred.

¶4DECREE REVERSED.