Zane v. Sawtell
West Virginia Supreme Court
An appeal from, and supersedeas to, a decree of the circuit court of Ohio county, pronounced on the 7th day of February, 1876, in a cause in chancery then pending in said court, in which James W. Zane, was plaintiff, and Gilbert G. Sawtell and Platoff B. Zane were defendants. The appeal was allowed upon the petition of the plaintiff, James W. Zane. Hon. Thayer Melvin, Judge of the first judicial circuit, rendered the decree appealed from.
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An appeal from, and supersedeas to, a decree of the circuit court of Ohio county, pronounced on the 7th day of February, 1876, in a cause in chancery then pending in said court, in which James W. Zane, was plaintiff, and Gilbert G. Sawtell and Platoff B. Zane were defendants. The appeal was allowed upon the petition of the plaintiff, James W. Zane. Hon. Thayer Melvin, Judge of the first judicial circuit, rendered the decree appealed from. Green, President, who delivered the opinion of the Court, furnishes the following statement of the case: The plaintiff, James W. Zane, filed his bill at the…
1Opinion of the Court
Greek, Presidekt,
delivered opinion of the Court:
The only question involved’in this cause, is the true construction of the deed of April 23, 1874, whereby, James W. Zane the appellant, conveyed to Gilbert G. Sawtell, the appellee, with special warranty of title, “all the right, title and interest of the said James W. Zane, in and to a certain parcel of land” specifically described. This land included in its boundaries, 21 lots which on April 14, 1874, had been conveyed by James W. Zane and Caroline V. Zane, his wife, to Theodore Eink “in trust that he should sell and dispose of said lots as…
2Cases cited3 opinions
- Morrow ex rel. Isett v. BrenizerSupreme Court of Pennsylvania · 1828
- Davis v. ChristianSupreme Court of Virginia · 1859
- Klock v. BuellNew York Supreme Court · 1868
3Cited by7 opinions
- Zane v. FinkWest Virginia Supreme Court · 1881
- Brown v. GrayWest Virginia Supreme Court · 1911
- Peters v. Kanawha Banking & Trust Co.West Virginia Supreme Court · 1937
- State v. American Baptist Home Mission SocietyWest Virginia Supreme Court · 1924
- McDonald v. EvattOhio Supreme Court · 1945
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