Matthias v. Warrington
Matthias v. Warrington
Opinion of the Court
delivered the opinion of the court.
It appears from the record that on the 1st day of January, 1886, the defendant, Warrington, borrowed of Angeline Matthias the sum of $940, part of which was advanced for her by Henry A. Morgan, with which to purchase a tract of land
Warrington having failed to pay either principal or interest, Mrs. Matthias filed her bill in November, 1887, to have this latter agreement specifically executed. The learned judge of the circuit court of Nansemond did not regard this as a case for specific execution of a contract, and, on the 10th day of October, 1889, dismissed the bill.
From this decree the present appeal is taken. But, as the time within which a specific execution of the contract could be of any practical benefit expired with the six years, the question now is whether this court cailnot, under the prayer for general relief, afford the appellant some relief; and upon a careful consideration of the subject, the court is of opinion that it may.
Of course, a court of chancery cannot, under a prayer for general relief, afford relief inconsistent with the plain object of the bill. But, in a case like the present, where the paramount object of the bill is to secure and obtain the repayment of the money loaned, and specific execution of the contract was only sought as a means to the end, and where the specific
Decree reversed.
Reference
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- Equity Jurisdiction—Specific performance—General relief.—To buy land with, A loaned W money, to be returned in six annual payments, and secured by trust deed. The land was conveyed to W by deed delivered to M, to be held until W executed the trust, deed. This he never did, nor paid either principal or interest. A filed her bill for specific performance. Held : As the six years has already expired, and specific performance, as prayed for, would be practically useless, this court makes the debt a charge upon the land, requiring it to be sold if tlie.money be not paid by a given day.