Legal Opinion

Austin v. Brown

West Virginia Supreme Court

Decided March 25, 1893PublishedCited by 13 opinions

I.— Void deed of married woman is color of title in adverse' possession. — 22 W. Va. 120 II. — Adverse possession for ten years, bars plaintiff’s action.— 20 W. Va. 480; 26 W. Va. 345 and 629; 28 W. Va. 34. III.— Where contract is revoked, to recover purchase-money paid. —30 W. Va. 140, Moore v. Ligón. cited 27 W. Va. 483; 24 W. Va. 238-243; 2 Lom. Dig. 189; 35 W. Va. 554-560; 16 W. Va. 1-24; Wood Lim. Act. 517, 518, 519.

1Opinion of the Court

Holt, Judge :

The plaintiffs brought this suit in equity in the Circuit Court of Mason county on-day of April, 1889, to set aside a deed as void, and remove it as a cloud from their title ; and the Circuit Court by decree of February 18,1891, adjudged the deed in question void and directed it to be set aside and held for naught; and defendants, W. J. Brown and B. IF. Brown, the grantees in the deed, obtained this appeal. The subject-matter of the suit was the making of the following deed:

“Exhibit B.
“This deed, made this 20th day of April, 1878, by and *636between Mary A. Brown, of the first part,…

2Cases cited12 opinions

  1. Fleming v. . BurnhamNew York Court of Appeals · 1885
  2. Wright v. MattisonSupreme Court of the United States · 1856
  3. Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
  4. Culver v. . RhodesNew York Court of Appeals · 1882
  5. Mullan's Adm'r v. CarperWest Virginia Supreme Court · 1892

7 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Depue v. MillerWest Virginia Supreme Court · 1909
  2. McNeeley v. South Penn Oil Co.West Virginia Supreme Court · 1903
  3. Marthens v. B & O RAILROAD CO.West Virginia Supreme Court · 1982
  4. Alderson's Adm'r v. AldersonWest Virginia Supreme Court · 1899
  5. Smith v. VineyardWest Virginia Supreme Court · 1905

8 more not listed; retrieve them via the Exa API.

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