Shields v. Simonton
West Virginia Supreme Court
Appeal from Circuit Court, Taylor County. Bill by William L. Shields against D. M. Simonton and another. Decree for defendants, and complainant appeals.
1Opinion of the Court
Poffenbarger Judge:
■ By his bill and the evidence, William L. Shields shows that he took, from D. M. Simonton and wife, by a deed absolute on its face, a conveyance of a house and two lots in the town of Flemington, Taylor county, for the purpose of securing a debt. As will be presently demonstrated, it was in fact a mortgage, which this suit was brought to foreclose. The circuit court pronounced a decree, declaring the deed absolute in fact, as well as form, and dismissed the bill and he has appealed.
A motion to dismiss the appeal is predicated on the fact that Shields, after the entry of…
2Cases cited14 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Pierce v. RobinsonCalifornia Supreme Court · 1859
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- Glover v. PaynNew York Supreme Court · 1838
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3Cited by7 opinions
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