Poling v. Parsons

BRANNON, J udge :

Appeal from Tucker county Circuit Court by "Ward Pai’sons from a decree annulling a tax-deed to Parsons for land of Mary A. Poling. The question of fact in the case is whether a tender or offer to redeem ivas made. The evidence is substantially confined to the husband of Mrs. Poling on the one side and Parsons on the other; and as it is flatly contradictory and involves their credibility, though the burden of proof is on the plaintiffs, we may decide the case upon the principle stated fully by Judge Snyder in Smith v. Yoke, 27 W. Va. 639 — that whore the depositions are…