White v. Atkinson

First page of the opinion White v. Atkinson, 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.

White v. Atkinson, 6 Va. 375, 2 Call 376 (1800), was a case involving the Court of Chancery issuing a decree against the direction of the Court of Appeals.

Background

In White v. Atkinson (1795), the Court of Appeals reversed and annulled the decision of the Court of Chancery. The case then went back before the Court of Chancery, which affirmed the decree of the Court of Appeals but also added to it without a bill of review. The Court of Chancery found that White should have been given the option to abandon the conveyance of land at issue in White v. Atkinson (1795), at which point he would forfeit his eighteen pounds and improvements upon the land and be forced to pay Atkinson for his occupation. White appealed.

The Court's Decision

The Supreme Court of Appeals reversed the portions of decree changing the terms of abandonment, finding that the Court of Chancery was precluded from changing a decree from the Court of Appeals once they have sent the case back for further proceedings.

See also

• Wythe's Judicial Career
• White v. Atkinson (1795)