Syme v. Johnston

First page of the opinion Syme v. Johnston, in Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia, by Daniel Call. 3rd ed., ed. Lucian Minor. Richmond: A. Morris, 1854.

Syme v. Johnston, 7 Va. (3 Call) 482 (1790), was a case involving .

Background

Richard Johnston and Harry Gaines leased several lots of land together from the College of William & Mary. To equally divide the land between Richard and Harry, it became necessary to divide one lot called C.E. Richard and Harry requested the President and Masters of the college for a lease for each section of C.E. However, the College refuses since it was their rule not to divide the land. The College compromised with the pair by selling the land to one and allowing them to divide the land as they pleased. Richard and Harry agreed and a lease was given to Richard Johnston.

The Court's Decision

In October 1789, Chancellor Wythe decreed: “The Court is of opinion, not only that in the sale of the College lots mentioned in the proceedings, the defendants do not appear to have been guilty of any concealment or other malversation, for which the contract ought to be avoided; but that the plaintiff, after notice, as seemeth to the Court, of what he allegeth to have been concealed from him, and after his title to the said lots might be and were offered to be confirmed to him, had the less just pretense to apply for relief. The Court doth, therefore order, adjudge and decree, that the injunction obtained by the plaintiff be dissolved, and his bill dismissed, and that he pay unto the defendants their costs… [and] the Court doth further order, that the assigned leases, and two papers subscribed by the President and Professor of William and Mary College, which are among the exhibits, be delivered the plaintiff if he accept them.” The Court of Appeals affirmed the decree.

See also

• Wythe's Judicial Career