Legal Opinion

Hess v. Dille

West Virginia Supreme Court

Decided December 8, 1883PublishedCited by 17 opinions

SnydeR, Judge, furnishes the following statement of the case: Suit in equity brought, November 14, 1879, in the circuit court of Monongalia county by Alex. T. Hess, administrator ot William Chesney, deceased, against John A. Dille, O. H. Dille, trustee, Josephus S. Brookover and Mary E., his wife, and Martin Y. C. Brookover.

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SnydeR, Judge, furnishes the following statement of the case: Suit in equity brought, November 14, 1879, in the circuit court of Monongalia county by Alex. T. Hess, administrator ot William Chesney, deceased, against John A. Dille, O. H. Dille, trustee, Josephus S. Brookover and Mary E., his wife, and Martin Y. C. Brookover. The material allegations of the plaintiffs’ bill are, that Greoi'gc O. Shafer, being the owner of a tract of forty-five acres of land lying in said county, by deed, dated November 2, 1873, conveyed said land to John II. Hoffman, trustee, to secure the payment oi a note…

1Opinion of the Court

Snydee, Judge:

George C. Shafer by his trust-deed of November 2, 1873, specificially charged the said forty-five acres of land as security for the debt of one thousand and eighty dollars due from him to William Chesney, and by the subsequent conveyance of the land to Martin V. C. Brookover, the said Martin V. C. was by the terms of the deed to him made liable for one thousand dollars, the unpaid part of said debt and a vendor’s lien expressly retained to pay the said one thousand dollars. By this stipulation in the deed the said Martin V. 0. became primarily responsible to Chesney for said…

2Cases cited1 opinion

  1. Dunlap's Ex'rs v. ShanklinWest Virginia Supreme Court · 1877

3Cited by17 opinions

  1. Stephens v. ClaySupreme Court of Colorado · 1892
  2. Garrett v. PattonWest Virginia Supreme Court · 1918
  3. State Bank v. Mutual Telephone Co.Supreme Court of Minnesota · 1913
  4. Hull's Adm'r v. Hull's HeirsWest Virginia Supreme Court · 1891
  5. Morrison v. JudyWest Virginia Supreme Court · 1941

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