Carson v. Percy
Carson v. Percy
Opinion of the Court
delivered the opinion of the court.
The bill presents a case cognizable in a Chancery Court, and sets forth a covenant obligatory on Roach and all who claim any part of the Batchelor’s Bend plantation under him, with notice of the covenant; and we do not discover any want of definiteness or fairness or consideration or any hardship in the contract at the time it was made, which should determine the court not to order its specific performance. It cannot be that they who acquired a portion of the Batchelor’s Bend plantation, after the covenant with the complainant, and with notice of his covenanted right to the perpetual enjoyment of the exclusive control of a landing on the river front of the plantation, shall be permitted to enjoy the fruit of what was secured to the complainant. The case made by the bill entitles the complainant to relief; and, without anticipating
Decree accordingly.
Reference
- Full Case Name
- A. B. Carson v. W. A. Percy
- Status
- Published