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3 Va. 66

Turner v. Turner

Supreme Court of Virginia

Decided January 10, 1812

Supreme Court of Virginia · decided 1812-01-10

THIS was a suit in Chancery, on behalf of fames Turner, against Bartholomew Turner, in the County Court of Goschland. The object of the bill was an account of profits, and conyeyanpe of the title, of a tract of land, for which a deed had been made by a certain William Sampson and Betsey his wife, to the defendant.

Decided 1812-01-10

¶1the following opinion and decree were pronounced.

¶2“ It is the opinion of the court, that the decree of the Chancellor, affirming that of the County Court, is erroneous ; the latter decree being erroneous in this, that a time should have been limited within which, if the apellee paid the money, ,he should have been entitled to a conveyance from the appellant; and in default of such payment, be foreclosed of all equity of redemption, and a sale directed of the mortgaged premises; — as also in this, that although the appellant was entitled to his costs in that Court, costs are decreed against him.”—

¶3“ The said decrees are therefore reversed with costs, and the cause remanded to be proceeded in according t© the principles of this decree.”

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