Bedford v. Hickman

First page of the opinion Bedford v. Hickman, in Reports of Cases Argued and Decided in the Court of Appeals of Virginia, by Daniel Call. Richmond: R. I. Smith, 1833.

Bedford v. Hickman, 9 Va. (Call 5) 236 (1804) ‎ involved whether a purchaser could be relieved from a contract granting a certain amount of land, but subsequently giving significantly less acreage.

Background

Hickman bought a tract of land from Bedford for “900 acres, more or less.” The purchase price was £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 contained only 709 acres; a follow-up survey showed 765 acres. Hickman sued Bedford for fraud claiming that Bedford knew the amount of land 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, which the Court of Appeals affirmed.

See also

• Wythe's Judicial Career