Hill v. Proctor
West Virginia Supreme Court
An appeal from a decree of the circuit court of the county of Kanawha, 'pronounced on the 21st day of June, 1873, in two causes, heard together, in one of which G. W. Hill and wife were plaintiffs, and Mayberry Proctor was defendant, and in the other Mayberry Proctor was plaintiff, and G. W. Hill and wife and others were defendants. The appeal was granted upon the petition of G. W. Hill and wife.
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An appeal from a decree of the circuit court of the county of Kanawha, 'pronounced on the 21st day of June, 1873, in two causes, heard together, in one of which G. W. Hill and wife were plaintiffs, and Mayberry Proctor was defendant, and in the other Mayberry Proctor was plaintiff, and G. W. Hill and wife and others were defendants. The appeal was granted upon the petition of G. W. Hill and wife. The case sufficiently appears in the opinion of the Court. . The Hon. Joseph Smith, Judge of the seventh judicial circuit, presided at the hearing below.
1Opinion of the Court
HayjMONd, Judge:
At June rules, 1868, Mayberry Proctor filed his bill in the circuit court of Kanawha county, against George W. Hill and Rebecca, his wife, James E. and Betsy Kendall and Biddy Ann Woody, as heirs at law of Joseph C. Kendall, deceased. The bill alleges, that on the 9th day of January, 1844, Joseph C. Kendall made a written contract, by which he agreed to convey to Berry Proctor (that being the name by which he was familiarly called) a tract ol land in Kanawha county, on waters of Blue creek, to-wit, on the Big Fork of Blue creek, from the first hollow below the improvements…
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