4 Munf. 140 | Va. | 1814
The following opinion of the court was delivered by Judge Roane.
“ The court is of opinion that the appellant, in assenting to the agreement made by Mankin with the appellee Hanby, touching the land in controversy, to which he had the oquit?,»
“ The court is further of opinion, that the first decree of the Chancellor was correct, so far as it reversed the decree County Court, which was erroneous, at least, in the following particulars ; — 1st, in not holding the land in question, ultimately bound tor the payment of the money advanced by aPPe^ee Hanby for the use of Pennington, and to be sold to raise that money, with interest, if not paid ~2dly, in decueing against the widow of Marr, who is not made a defendant to the bill; and 3dly, in decreeing the heirs of Marr to convey with general warranty a certain quantity of land, and t0 11!1^ costs> they only being bound to convey, wi special warranty, the residue of the land in the bond mentioned, after the sales that had been made before the sale to the
“ On these grounds, and because this court differs from the Court of Chancery in its construction of the contract in question, as stated in the order rejecting the bill of review, the court is of opinion that the said order is erroneous ; therefore it is decreed and ordered that the same be reversed and annulled, and that the appellees Ilanby and Mankin pay to the appellant his costs by him expended in the prosecution of his appeal aforesaid here. And it is ordered that the cause be remanded to the said Court of Chancery, with directions for that court to allow and receive the said bill of review, in «wder to a final decree.”