Chapman's Admr. v. Robinson's Admr.
West Virginia Supreme Court
Appeal from a decree of the circuit court of Wirt county rendered at the spring term, 1874, of said court, •in a cause pending therein, in- chancery, wherein J. G. Schilling, trustee and administrator of H. D. Chapman, deceased, was complainant, and James Ko bin so ills Administrator and others were defendants. Appeal granted •on the petition of Jordan McMillan, one of said defendants. The -facts are fully set forth in the opinion of the • Court.
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Appeal from a decree of the circuit court of Wirt county rendered at the spring term, 1874, of said court, •in a cause pending therein, in- chancery, wherein J. G. Schilling, trustee and administrator of H. D. Chapman, deceased, was complainant, and James Ko bin so ills Administrator and others were defendants. Appeal granted •on the petition of Jordan McMillan, one of said defendants. The -facts are fully set forth in the opinion of the • Court. Hon. James M. Jackson, Judge of said circuit court ■presided at the hearing below.
1Opinion of the Court
EdmistoN, Judge :
H. D. Chapman sold, in 1865, a'traet of land, to Robinson-and others, .called the “Ervin Earm” to contain 2,209 acres at the:price of-three - dollars per.acre. The sum of $3,255 was paid in ¡hand, and for the residue of the purchase money, Robinson executed his bond. Jor*549dan McMillan, the appellant, became the owner of land, by sundry conveyances,, and.became liable .to the balance due on said purchase. Failing to pay, a suit in chancery was instituted to subject the land to the payment thereof. ■ McMillan claims that the deed made by Chapman, did not cover all the -land sold,…
2Cited by1 opinion
- Chapman's Adm'r v. McMillanWest Virginia Supreme Court · 1886