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8 Virginia opinions name it 3 courts 1926–2012 0 in the last five years
The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Robinson v. Leegreen2 sentences2012See Robinson v. Lee, 205 Va. 363 (1964); Marcy v. Graham, 142 Va. 285 (1925). 2008However, none of the cases they rely on involve the interpretation of a will, and the doctrine “is always withheld if it should appear to foil the intent of the testator....” Robinson v. Lee, 205 Va. 363, 366 , 136 S.E.2d 860, 862 (1964); Marcy v. Graham, 142 Va. 285, 293 , 128 S.E. 550, 555 (1925). | 2 | 3 |
Marcy v. Grahamgreen2 sentences2012See Robinson v. Lee, 205 Va. 363 (1964); Marcy v. Graham, 142 Va. 285 (1925). 2008However, none of the cases they rely on involve the interpretation of a will, and the doctrine “is always withheld if it should appear to foil the intent of the testator....” Robinson v. Lee, 205 Va. 363, 366 , 136 S.E.2d 860, 862 (1964); Marcy v. Graham, 142 Va. 285, 293 , 128 S.E. 550, 555 (1925). | 1 | 2 |
Dunsmore v. Lylegreen2 sentences1995In the early case of Dunsmore v. Lyle (1891), 87 Va. 391, at p. 392 , 12 S.E. 610 , the doctrine was stated thus: “The principles upon which courts of equity decree specific performance of contracts for the sale of real estate are well understood and familiar to the profession, yet it will be convenient, in the view we have taken of this case, to briefly recur to first principles; and we will remark that it is one of the principles of equity that it looks upon things agreed to be done as actually performed; and, consequently, as soon as a valid contract is made for the sale of an estate, equit 1995In the early case of Dunsmore v. Lyle (1891), 87 Va. 391, at p. 392 , 12 S.E. 610 , the doctrine was stated thus: “The principles upon which courts of equity decree specific performance of contracts for the sale of real estate are well understood and familiar to the profession, yet it will be convenient, in the view we have taken of this case, to briefly recur to first principles; and we will remark that it is one of the principles of equity that it looks upon things agreed to be done as actually performed; and, consequently, as soon as a valid contract is made for the sale of an estate, equit | 1 | 2 |
Clay v. Landrethgreen2 sentences1995We discussed the doctrine of equitable conversion in Clay v. Landreth, 187 Va. 169, 172-73 , 45 S.E.2d 875, 877 (1948): That the doctrine of equitable conversion exists in Virginia cannot be doubted. 1995We discussed the doctrine of equitable conversion in Clay v. Landreth, 187 Va. 169, 172-73 , 45 S.E.2d 875, 877 (1948): That the doctrine of equitable conversion exists in Virginia cannot be doubted. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bauserman v. Digiulian
green
1 sentence1986This contention overlooks the fact that William had no rights in the residence to pass either to heirs or to devisees, for Kathryn "took the entirety according to the terms of the original conveyance." Alternatively, plaintiffs contend "that Paragraph 3 of the Stipulation Agreement effectuated an equitable conversion of the property to a tenants in common position." In Bauserman v. DiGiulian, 224 Va. 414 (1982), the Supreme Court of Virginia adopted the majority American view relating to the doctrine of equitable conversion, after noting that the doctrine was unknown at common law and is a cre | 1 | 1986–1986 |
Rockland-Rockport Lime Co. v. . Leary
green
2 sentences1986The court quotes at length from Rockland-Rockport Lime Co. v. Leary, 203 N.Y. 469 , 97 N.E. 43 . 1986The court quotes at length from Rockland-Rockport Lime Co. v. Leary, 203 N.Y. 469 , 97 N.E. 43 . | 1 | 1986–1986 |
Durepo v. May
green
2 sentences1982Id. at 82 , 54 A.2d at 21 . 1982Id. at 82 , 54 A.2d at 21 . | 1 | 1982–1982 |
Hollingsworth v. Funkhouser
neutral
2 sentences1932For here, according to the doctrine of equitable conversion, the will having directed the land to be sold at the death of the life tenant, the appellees, and the other legatees having similar interests, never had an estate in the land itself, but only an interest in the execution of the trust.” This seems to be a narrow and technical construction of the statute; but it is in accord with the pronouncement of the court in Hollingsworth v. Funkhouser, 85 Va. 448, 454 , 8 S. E. 592 , where it is said that the statute, being in derogation of the common law, is to be strictly construed, a statement 1932For here, according to the doctrine of equitable conversion, the will having directed the land to be sold at the death of the life tenant, the appellees, and the other legatees having similar interests, never had an estate in the land itself, but only an interest in the execution of the trust.” This seems to be a narrow and technical construction of the statute; but it is in accord with the pronouncement of the court in Hollingsworth v. Funkhouser, 85 Va. 448, 454 , 8 S. E. 592 , where it is said that the statute, being in derogation of the common law, is to be strictly construed, a statement | 1 | 1932–1932 |
Carr v. Branch
neutral
1 sentence1926Carr v. Branch, 85 Va. 601 , 8 S. E. 476 ; Moore v. Kernachan, 135 Va. 211 , 112 S. E. 632 . | 1 | 1926–1926 |
Moore v. Kernachan
green
1 sentence1926Carr v. Branch, 85 Va. 601 , 8 S. E. 476 ; Moore v. Kernachan, 135 Va. 211 , 112 S. E. 632 . | 1 | 1926–1926 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.