Difference between revisions of "Love v. Braxton"

Revision as of 21:14, 7 March 2018

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] rev’d, 9 Va. (5 Call) 537 (1805), ^[2] 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.

First page of the opinion Love v. Braxton, in Reports of Cases Argued and Decided in the Court of Appeals of Virginia (Richmond: Robert I. Smith, 1833).

References

1. ↑ 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.
2. ↑ Daniel Call, Reports of Cases Argued and Decided in the Court of Appeals of Virginia (Richmond: Robert I. Smith, 1833) 5:537. George Wythe owned the first edition of this set.