Difference between revisions of "Bedford v. Hickman"

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==Background==
 
==Background==
Hickman bought a tract of land from Bedford for “900 acres, more or less.” The purchase was for a total of £1300, £650 of which was paid in cash and the other half in bond. Since purchasing the property Hickman discovered that the deed for the tract only contained 709 acres, and that a follow-up survey resulted in 765 acres. Hickman sued Bedford for fraud claiming that Bedford had knowledge of the amount of acreage and did not inform Hickman. He requested that the court allow the £650 to suffice as full payment for the property and dismiss the injunction on the bond.
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Hickman bought a tract of land from Bedford for “900 acres, more or less.” The purchase was for a total of £1300, £650 of which was paid in cash and the other half in bond. Since purchasing the property, Hickman discovered that the deed for the tract only contained 709 acres, and a follow-up survey resulted in 765 acres. Hickman sued Bedford for fraud claiming that Bedford had knowledge of the amount of acreage and did not inform Hickman. He requested the court allow the £650 to suffice as full payment for the property and dismiss the injunction on the bond.
  
 
===The Court's Decision===
 
===The Court's Decision===
The county court granted a perpetual injunction in favor of Hickman. Chancellor Wythe affirmed the decree, to which the Court of Appeals affirmed.
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The County Court granted a perpetual injunction in favor of Hickman. Chancellor Wythe affirmed the decree, to which the Court of Appeals affirmed.
  
 
==See also==
 
==See also==

Revision as of 09:23, 29 January 2018

File:CallsReports1833V5BedfordvHickman.pdf

Bedford v. Hickman, Call Vol. V 236 (1804) ‎[1] was a case involving whether a purchaser could be relieved from a contract granting a certain amount of acres, but subsequently giving significantly less acreage.

Background

Hickman bought a tract of land from Bedford for “900 acres, more or less.” The purchase was for a total of £1300, £650 of which was paid in cash and the other half in bond. Since purchasing the property, Hickman discovered that the deed for the tract only contained 709 acres, and a follow-up survey resulted in 765 acres. Hickman sued Bedford for fraud claiming that Bedford had knowledge of the amount of acreage and did not inform Hickman. He requested the court allow the £650 to suffice as full payment for the property and dismiss the injunction on the bond.

The Court's Decision

The County Court granted a perpetual injunction in favor of Hickman. Chancellor Wythe affirmed the decree, to which the Court of Appeals affirmed.

See also

References

  1. Daniel Call, Reports of Cases Argued and Decided in the Court of Appeals of Virginia,(Richmond: R. I. Smith, 1833), 236.