Difference between revisions of "Love v. Braxton"
From Wythepedia: The George Wythe Encyclopedia
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{{DISPLAYTITLE:''Love v. Braxton''}} | {{DISPLAYTITLE:''Love v. Braxton''}} | ||
[[File:WytheLoveVBraxton1852.jpg|link=Media:WytheDecisions1852LoveVBraxton.pdf|thumb|right|300px|First page of the opinion [[Media:WytheDecisions1852LoveVBraxton.pdf|''Love v. Braxton'']], in [https://catalog.swem.wm.edu/law/Record/2099031 ''Decisions of Cases in Virginia by the High Court of Chancery, with Remarks upon Decrees by the Court of Appeals, Reversing Some of Those Decisions''], by George Wythe. 2nd ed. (Richmond: J. W. Randolph, 1852).]] | [[File:WytheLoveVBraxton1852.jpg|link=Media:WytheDecisions1852LoveVBraxton.pdf|thumb|right|300px|First page of the opinion [[Media:WytheDecisions1852LoveVBraxton.pdf|''Love v. Braxton'']], in [https://catalog.swem.wm.edu/law/Record/2099031 ''Decisions of Cases in Virginia by the High Court of Chancery, with Remarks upon Decrees by the Court of Appeals, Reversing Some of Those Decisions''], by George Wythe. 2nd ed. (Richmond: J. W. Randolph, 1852).]] | ||
| − | [[Media:WytheDecisions1852LoveVBraxton.pdf|''Love v. Braxton'']], Wythe 144 (1792),<ref>George Wythe, ''[[Decisions of Cases in Virginia by the High Court of Chancery|Decisions of Cases in Virginia by the High Court of Chancery with Remarks upon Decrees by the Court of Appeals, Reversing Some of Those Decisions]],'' 2nd ed., ed. B.B. Minor (Richmond: J.W. Randolph, 1852), 144.</ref> discussed whether a Virginia court could hear a dispute over the purchase of land in Great Britain. | + | [[Media:WytheDecisions1852LoveVBraxton.pdf|''Love v. Braxton'']], Wythe 144 (1792),<ref>George Wythe, ''[[Decisions of Cases in Virginia by the High Court of Chancery (1852)|Decisions of Cases in Virginia by the High Court of Chancery with Remarks upon Decrees by the Court of Appeals, Reversing Some of Those Decisions]],'' 2nd ed., ed. B.B. Minor (Richmond: J.W. Randolph, 1852), 144.</ref> discussed whether a Virginia court could hear a dispute over the purchase of land in Great Britain. |
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==Background== | ==Background== | ||
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==The Court's Decision== | ==The Court's Decision== | ||
The High Court of Chancery said that it could not force Ham to give the estate to Love since it was in Great Britain, but Love should not be forced to resort to British courts to get compensation for his injuries. The Court ruled that Love should be allowed to proceed with his case, and if he proves that Ham had notice of Love and Braxton's agreement before Ham completed his purchase, then Ham should compensate Love accordingly. | The High Court of Chancery said that it could not force Ham to give the estate to Love since it was in Great Britain, but Love should not be forced to resort to British courts to get compensation for his injuries. The Court ruled that Love should be allowed to proceed with his case, and if he proves that Ham had notice of Love and Braxton's agreement before Ham completed his purchase, then Ham should compensate Love accordingly. | ||
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==References== | ==References== | ||
<references/> | <references/> | ||
[[Category:Cases]] | [[Category:Cases]] | ||
Revision as of 11:07, 6 July 2016
First page of the opinion Love v. Braxton, in Decisions of Cases in Virginia by the High Court of Chancery, with Remarks upon Decrees by the Court of Appeals, Reversing Some of Those Decisions, by George Wythe. 2nd ed. (Richmond: J. W. Randolph, 1852).
Love v. Braxton, Wythe 144 (1792),[1] discussed whether a Virginia court could hear a dispute over the purchase of land in Great Britain.
Background
Alexander Love had an agreement to buy a London estate from Carter Braxton, but before he could complete the purchase, Thomas Ham purchased it instead. Love claimed that Ham had notice of Love's agreement with Braxton, and sued for damages. All parties presumably resided in Virginia, although the case does not state where they were domiciled.
The Court's Decision
The High Court of Chancery said that it could not force Ham to give the estate to Love since it was in Great Britain, but Love should not be forced to resort to British courts to get compensation for his injuries. The Court ruled that Love should be allowed to proceed with his case, and if he proves that Ham had notice of Love and Braxton's agreement before Ham completed his purchase, then Ham should compensate Love accordingly.
References
- ↑ George Wythe, Decisions of Cases in Virginia by the High Court of Chancery with Remarks upon Decrees by the Court of Appeals, Reversing Some of Those Decisions, 2nd ed., ed. B.B. Minor (Richmond: J.W. Randolph, 1852), 144.
