53 W. Va. 421 | W. Va. | 1903
Virginia L. Ellis, wife of R. Id. Ellis, being owner of land in Eayette County, sbe and her huband.made a contract with J. A. Amick, 5 September, 1896, selling to him “all mineral and coal” in the tract of land, part of the purchase money being paid down, and part payable in future.. Mrs. Ellis refused to accept the last payment, and Amick brought a suit in equity in the circuit court of that county, asking that Ellis and wife be compelled to perform the contract by conveyance according to it, or if that could not be done, that the contract be rescinded, and that a decree be made in favor of the plaintiff for the money paid him under the contract. A decree was made rescinding the contract, and decreeing personally against Virginia L. Ellis $232.13 on account of money paid under said contract,- and subjecting the sale of minerals and coal in the land from which decree Virginia L. Ellis appeals.
As this contract was not acknowledged for recordation it could not be specifically enforced by conveyance of the land. Rosenour v. Rosenour, 47 W. Va. 554. The contract being on its face void in law for all .purposes of equity jurisdiction, the
Therefore, we reverse the decree and dismiss the bill without prejudice to an action at law.
Reversed.