Legal Opinion

Collins v. Degler

West Virginia Supreme Court

Decided June 9, 1914PublishedCited by 11 opinions

Appeal from Circuit Court, Tucker County. Bill by Icy D. Collins against Katharine Degler. From decree for plaintiff, defendant appeals.

1Opinion of the Court

RobiNSON, Judge:

Plaintiff purchased from defendant, out of the latter’s larger boundary of land, a parcel containing about five acres. The deed.conveying the parcel contains a distinct grant of the same in consideration of the sum of seventy-five dollars. In other words, the express grant of the deed relates only to the specific parcel of land as conveyed in consideration of that sum. Then the deed contains the following subsequent paragraph: “It is further agreed that the party of the second part shall have a free right of way on the most convenient location from the road to her residence.-…

2Cases cited3 opinions

  1. Uhl v. Ohio River RailroadWest Virginia Supreme Court · 1902
  2. Flaherty v. FlemingWest Virginia Supreme Court · 1906
  3. Wiley v. BallWest Virginia Supreme Court · 1913

3Cited by11 opinions

  1. Maddy v. MaddyWest Virginia Supreme Court · 1921
  2. Les v. AlibozekMassachusetts Supreme Judicial Court · 1929
  3. Arden v. BooneTexas Commission of Appeals · 1920
  4. Good v. PetticrewSupreme Court of Virginia · 1936
  5. Hoffman v. SmithWest Virginia Supreme Court · 1983

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