Walker v. Hunt
West Virginia Supreme Court
In the fall of 1858, Charles F. Walker purchased a stock of goods of a mercantile firm at the Kanawha Salines in Kanawha county, known as F. Walker S¡> Co., composed of F. Walker, N. B. Cabell, and John P. Hale. By the terms of the purchase he took all the goods on hand and the debts due the firm, and was to pay its liabilities and certain other sums, agreed upon, to each member of the firm individually.
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In the fall of 1858, Charles F. Walker purchased a stock of goods of a mercantile firm at the Kanawha Salines in Kanawha county, known as F. Walker S¡> Co., composed of F. Walker, N. B. Cabell, and John P. Hale. By the terms of the purchase he took all the goods on hand and the debts due the firm, and was to pay its liabilities and certain other sums, agreed upon, to each member of the firm individually. He assumed control of the goods and business on the completion of the sale and assumed the debts to the creditors of the firm and paid off and discharged them as rapidly as his business…
1Opinion of the CourtMaxwell, J.
There are but two questions arising upon the'record of this case. The first is a question of jurisdiction, the appellant maintaining that a court of equity has jurisdiction to enjoin the sale of the property levied on while the defendant denies it. The second is a question of fact in which the appellee maintains that the transaction is fraudulent, and that although it be decided that the court might take jurisdiction upon the facts charged in the bill, yet upon the facts proved the injunction was properly dissolved.
On the first question the appellee maintains that there was a complete remedy…
2Cases cited4 opinions
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3Cited by9 opinions
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