Carder v. Johnson
West Virginia Supreme Court
Appeal from Circuit Court, Doddridge County. Suit for specific performance by Otto Carder' and others against Aaron Johnson and others. Demurrer to bill sustained as to certain defendants, and as respects the named defendant, overruled, and bill dismissed on final hearing, and plaintiffs appeal.
1Opinion of the Court
POFFENBARGER, JUDGE:
The decree under review dismissed, on final hearing, a bill-filed for specific performance of an alleged written contract of sale of a 70 acre tract of land purporting to have been executed for and on behalf of the owners or vendors, by an agent, after the overruling of a demurrer thereto. The contract, a title bond, is dated, July 8, 1875, and the plaintiffs and their predecessors in title have been in possession of the land since a date near that of -the paper relied upon as a contract.
The alleged vendee was Manley Carder, great-grand-father of the plaintiffs; Daniel…
2Cases cited11 opinions
- Hill v. ProctorWest Virginia Supreme Court · 1877
- Steenrod's Adm'r v. W. P. & B. R. R.West Virginia Supreme Court · 1885
- Criss v. CrissWest Virginia Supreme Court · 1886
- Richmond v. RichmondWest Virginia Supreme Court · 1907
- Morgan v. BlatchleyWest Virginia Supreme Court · 1889
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3Cited by3 opinions
- Hoge v. BlairWest Virginia Supreme Court · 1921
- Delk v. StricklandCourt of Appeals of Georgia · 1925
- First National Co. v. MarianiWest Virginia Supreme Court · 1950