Legal Opinion

Nichols v. Heirs of Nichols

West Virginia Supreme Court

Decided February 23, 1875PublishedCited by 24 opinions

This was an appeal taken by Isaac Nichols, from certain decrees and proceedings of the circuit court of Nicholas county, in a suit in chancery therein pending, wherein Alexander Nichols was complainant and the said Isaac Nichols and others, the heirs at law of James Nichols, were respondents. The purpose of the suit was to enforce the specific execution of a verbal contract for the sale of a tract of land by the said James Nichols to the said Alexander Nichols.

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This was an appeal taken by Isaac Nichols, from certain decrees and proceedings of the circuit court of Nicholas county, in a suit in chancery therein pending, wherein Alexander Nichols was complainant and the said Isaac Nichols and others, the heirs at law of James Nichols, were respondents. The purpose of the suit was to enforce the specific execution of a verbal contract for the sale of a tract of land by the said James Nichols to the said Alexander Nichols. The other material facts appear in the opinion of this Court. In the progress of the suit below the Hon. Nathaniel Harrison, and the…

1Opinion of the Court

Haymond, President :

The plaintiff filed his bill in the circuit court of the county of Nicholas, in December, 1865, in which he alleges that on or about November, 1857, he and James Nichols made a verbal contract or agreement, whereby James Nichols, in consideration of the sum of $400 to him in hand paid by plaintiff, agreed to sell and convey to plaintiff, by good and sufficient warranty deed, a parcel of land in said county consisting of two tracts, situate on the waters of Peters creek, a tributary of Gauley river, bounded on the east side thereof by lands of Hunter Brown, south by lands…

2Cases cited1 opinion

  1. Lowry v. BuffingtonWest Virginia Supreme Court · 1873

3Cited by24 opinions

  1. Seabright v. SeabrightWest Virginia Supreme Court · 1886
  2. Dunn's Ex'rs v. RenickWest Virginia Supreme Court · 1895
  3. Keck v. AllenderWest Virginia Supreme Court · 1892
  4. Amiss v. McGinnisWest Virginia Supreme Court · 1878
  5. Bartlett v. GregorySupreme Court of Arkansas · 1895

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