McCormack, Anderson v. McCormack, Admr. of William, etc.: Chancery Cause, Halifax County (Part 10 of 16)
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Anderson McCormick John McCormick and Abram Showalter have a contingent interest in property. Anderson McCormick buys the contingent interests of John & Abram, and thus renders his own title absolute and unconditional. The reasoning is illogical and the conclusion is inadmissible. But it is argued that if the sale to his children by Wm McCormick was conditional, that the condition should not be enforced in Equity, that Courts of Equity will relieve against Penalties and forfeitures, and the Court is referred for the principles which forum Courts of Equity in regard to Conditional Sales to 2nd Storys Equity. from SEC 1312 to 1326. The authority does not go to the extent that Courts of Equity will always relieve against Penalties & forfeitures, but will generally do so, if the specific performance of the contract will be oppressive to the one and give undue advantage or benefit to the other party. The facts of the case under consideration, show that the authority cited does not apply, what undue benefit resulted to Wm McCormick and what oppression to Anderson by the sale to Henry Showalter Anderson was to pay the Canute debt, the time of payment could be no longer delayed. The sale of the woman was necessary, if she belonged to Anderson, she was his only property, and unless he meant to commit a gross fraud upon his Father, he must have sold her, she would have