Lewis v. Spencer
West Virginia Supreme Court
Appeal, by the complainant below, from two decrees of ihe circuit court of Roane county, rendered on the 13th and 14th of November, 1872, dissolving an injunction and dismissing a bill, in a suit then pending in said circuit court, between Edward Lewis, complainant, and John W. Spencer and N. P. Lee, respondents.
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Appeal, by the complainant below, from two decrees of ihe circuit court of Roane county, rendered on the 13th and 14th of November, 1872, dissolving an injunction and dismissing a bill, in a suit then pending in said circuit court, between Edward Lewis, complainant, and John W. Spencer and N. P. Lee, respondents. The object of the suit was to restrain the respondent Spencer, who was at the time acting sheriff of said Roane county, and said Lee, his acting deputy, from making sale of a horse theretofore distrained and advertised for sale, to satisfy certain taxes for the year 1868, in the…
1Opinion of the Court
Paull, Judge:
The only question presented upon the record in this case is as to the jurisdiction of a court of equity to enjoin a sheriff from the s.ale of personal property, which he has distrained for the payment of taxes.
The bill alleges that the sheriff of Roane county claiming that certain taxes were due and unpaid,had levied upon a horse of the plaintiff for the payment of the same, and had advertised said horse for sale; that the taxes for which said levy was made had long since been paid off and discharged, and if said horse was disposed of under said advertisement and sale, great…
2Cited by3 opinions
- White v. StenderWest Virginia Supreme Court · 1884
- Baker v. RinehardWest Virginia Supreme Court · 1877
- Second Nat. Bank of Titusville v. CaldwellDistrict Court, W.D. Pennsylvania · 1882