Young v. Smith
West Virginia Supreme Court
Appeal from Circuit Court, Upshur County. Suit by Young & McWhorter against J. F. Smith and others. Decree for plaintiff, and defendants appeal.
1Opinion of the Court
POEEENBARGER, JUDGE :
The claim asserted by the appellants and denied by the *447decree now under review is that of right of abatement of unpaid -purchase money of standing timber judicially sold by the acre, on the ground of failure of title to part of the timber. Right of abatement on the ground of shortage in area of a tract as to which there was no failure of title, resulting from mere error as to quantity, shown by measurement, is in issue also, and is not strongly resisted. The decree seems to concede it.
The former claim is made in respect of a tract of land treated, in the sale of the…
2Cases cited18 opinions
- Crislip v. CainWest Virginia Supreme Court · 1882
- Headley v. HoopengarnerWest Virginia Supreme Court · 1906
- Burns v. LedbetterTexas Supreme Court · 1882
- Watson v. HoySupreme Court of Virginia · 1877
- Capehart's Ex'r v. DoweryWest Virginia Supreme Court · 1877
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3Cited by7 opinions
- In Re California Associated Products Co. Wil-Rud Corporation v. LynchCourt of Appeals for the Ninth Circuit · 1950
- Wyoming Building & Loan Ass'n v. Mills Const. Co.Wyoming Supreme Court · 1928
- Early v. BerryWest Virginia Supreme Court · 1934
- Merchants National Bank of Point Pleasant v. RalphsnyderWest Virginia Supreme Court · 1933
- Pugh v. BooneWest Virginia Supreme Court · 1931
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