Legal Opinion

Knott v. Seamands

West Virginia Supreme Court

Decided November 15, 1884PublishedCited by 14 opinions

Johnson, President, furnishes the following statement of the case: This is a suit in equity brought by Knott against Seamands in the circuit court of Cabell county in June, 1881. On the 18th day oí February, 1873, the plaintift and defendant entered into the following contract: “Know all men by these presents, that for and in consideration of the premises and covenants hereinafter set forth on the part of Samuel W. Knott, the party of the second part to this agreement, I.…

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Johnson, President, furnishes the following statement of the case: This is a suit in equity brought by Knott against Seamands in the circuit court of Cabell county in June, 1881. On the 18th day oí February, 1873, the plaintift and defendant entered into the following contract: “Know all men by these presents, that for and in consideration of the premises and covenants hereinafter set forth on the part of Samuel W. Knott, the party of the second part to this agreement, I. Win. K. Seamands, of Cabell county, West Virginia, the party of the first part, do hereby sell and convey and have by…

1Opinion of the Court

Johnson, Phesxdent :

Has equity jurisdiction in this cause? The defendant in the action at law having under the statute filed his equitable pleas, and a verdict having been rendered against him, which was set aside as not being responsive to the issue, could he then by leave of the court withdraw his plea, reserving equity, and invoke the aid of the court of chancery? Section 6 of chapter 126 of the Code provides as follows:

“If a defendant entitled to such plea, as is mentioned in the preceding section, shall not tender it, or though he tender it, if it be rejected for not being offered in due…

2Cases cited1 opinion

  1. Warwick v. NorvellSupreme Court of Virginia · 1842

3Cited by14 opinions

  1. Robinson v. BraidenWest Virginia Supreme Court · 1897
  2. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
  3. Buskirk v. SandersWest Virginia Supreme Court · 1912
  4. Parsons v. SniderWest Virginia Supreme Court · 1896
  5. Bias v. VickersWest Virginia Supreme Court · 1886

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