Legal Opinion

Miller v. Hawker

West Virginia Supreme Court

Decided March 2, 1920PublishedCited by 3 opinions

Appeal from Circuit Court, Marion County. Suit by J. Clark Miller against Edith. R. Hawker to enforce a vendor’s lien. Decree for plaintiff, and defendant appeals.

1Opinion of the Court

Williams, President :

From' a decree entered on the 18th of February, 1919, in this suit to enforce a vendor’s lien, directing the sale of defendant’s land, if the lien’amounting to $8494.67, was not paid within 20 days from that date, defendant has appealed.

The first assignment is that the suit was prematurely brought. Two purchase money notes for $4,000.00 each were given, payable in one and two years, respectively, from the date of sale, and a vendor’s lien retained in deed to defendant to secure them. Only one of said notes was due at the time of the institution of this suit. This…

2Cases cited8 opinions

  1. Long v. PerineWest Virginia Supreme Court · 1895
  2. Cunningham v. HedrickWest Virginia Supreme Court · 1884
  3. Smith v. WhiteWest Virginia Supreme Court · 1913
  4. Paxton v. PaxtonWest Virginia Supreme Court · 1893
  5. Moore v. GreenSupreme Court of Virginia · 1893

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

3Cited by3 opinions

  1. Calhoun County Bank v. EllisonWest Virginia Supreme Court · 1949
  2. Thomas v. CollinsWest Virginia Supreme Court · 1923
  3. Farley v. ArbogastWest Virginia Supreme Court · 1934

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