Legal Opinion

Shelton v. Johnston

West Virginia Supreme Court

Decided April 23, 1918PublishedCited by 4 opinions

Appeal from Circuit Court, Mercer County. Suit by John J. Shelton against Lloyd Fj. Johnston. Decree for plaintiff, and defendant appeals.

1Opinion of the Court

MilleR, Judge :

Upon a bill with attachment for damages for an alleged breach of warranty in a deed there was a decree for plaintiff and for a sale of the property attached to satisfy the same.

Defendant, Ms wife joining therein, by deed of September 7, 1912, conveyed to plaintiff a faiun of about 269 acres situated in Mercer County. The breach alleged was that defendant had not paid the taxes on the land conveyed for the year 1912, whereby twenty acres thereof owned by and assessed separately to defendant and his wife had been returned delinquent and sold for the taxes of that year by the…

2Cases cited5 opinions

  1. Atkinson v. PlumWest Virginia Supreme Court · 1901
  2. Preston v. MannSupreme Court of Connecticut · 1856
  3. Cain v. FisherWest Virginia Supreme Court · 1905
  4. Columbus Onyx & Marble Co. v. MillerWest Virginia Supreme Court · 1914
  5. Brewer v. Boston & Worcester Rail RoadMassachusetts Supreme Judicial Court · 1843

3Cited by4 opinions

  1. Mayer v. JohnsonWest Virginia Supreme Court · 1926
  2. Brown v. City of WheelingWest Virginia Supreme Court · 2002
  3. Brown v. City of WheelingWest Virginia Supreme Court · 2002
  4. Debra Bayles v. Jeffery N. EvansWest Virginia Supreme Court · 2020

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