Hilleary v. Thompson
West Virginia Supreme Court
Upon the petition of John A. Thompson, one of the defendants below, an appeal and supersedeas were allowed to so much of a decree of the circuit court of Jefferson county, rendered on the 16th day of November 1875, in a cause in chancery, in said court then pending, wherein HiHeary & Johnson and others were plaintiffs, an(j Jq]^ Thompson and others were defendants, as confirmed a sale of one hundred acres of land, made by special commissioners in said cause, and as disposed…
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Upon the petition of John A. Thompson, one of the defendants below, an appeal and supersedeas were allowed to so much of a decree of the circuit court of Jefferson county, rendered on the 16th day of November 1875, in a cause in chancery, in said court then pending, wherein HiHeary & Johnson and others were plaintiffs, an(j Jq]^ Thompson and others were defendants, as confirmed a sale of one hundred acres of land, made by special commissioners in said cause, and as disposed of the proceeds thereof, and as otherwise related to said sale and the confirmation thereof. The Hon. John Blair Hoge,…
1Opinion of the Court
Johnson, Judge:
A number of objections were made to the confirmation of the sale, which appear upon the face of the record and will be considered in the following order:
First. That different impressions existed at the sale as to what was really offered, whether the land alone, or the land with the growing crop thereon, no announcement being at the time made by the commissioners whether, or not, the landlord’s share of the growing crop of corn on the land was, or was not, to be included in the sale.
Second. That the auctioneer himself bid upon the land; or that there was no competing bidding for…
2Cases cited1 opinion
- Kable v. MitchellWest Virginia Supreme Court · 1876
3Cited by10 opinions
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Moran v. ClarkWest Virginia Supreme Court · 1887
- Chapman v. BranchWest Virginia Supreme Court · 1913
- Williams v. EwartWest Virginia Supreme Court · 1887
- Barrett v. McAllisterWest Virginia Supreme Court · 1891
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