Hayhurst v. Hayhurst
West Virginia Supreme Court
Appeal from Circuit Court, Marion. County. Action by Alcinda Hayhurst and others against James B. Hayhurst, revived after the death of one of the plaintiffs by joining the administrator, and by scire facias against the administrator and heirs of the defendant, also dying 'pendente lite. Judgment for plaintiffs, and defendant’s administrators appeal.
1Opinion of the Court
Milled, Judge:.The primary object of the bill was two-fold, first to set aside a deed for breach of covenant of defendant, grantee, to support and maintain plaintiffs; second, to set aside a subsequent contract relating to certain personal property, alleged to have been obtained by fraud and duress, and for non-performance of agreements on the part of defendant.
The court below denied the prayer to set aside the deed, but did set aside the contract; and the bill being broad enough it was treated as a bill to enforce the lien reserved in the deed to secure performance of the covenant for…
2Cases cited4 opinions
- Bierne v. Brown's Adm'rWest Virginia Supreme Court · 1877
- Sommerville v. SommervilleWest Virginia Supreme Court · 1885
- Schilb v. MoonWest Virginia Supreme Court · 1909
- Morris' Admr. v. Peyton's Admr.West Virginia Supreme Court · 1877
3Cited by6 opinions
- Hayhurst v. HayhurstWest Virginia Supreme Court · 1926
- Cook v. MacCorkleWest Virginia Supreme Court · 1933
- Green v. Wheeling Independent Coal Co.West Virginia Supreme Court · 1930
- Rector v. Tazewell Coal & Iron Co.Supreme Court of Virginia · 1942
- Admiral Insurance Co. v. Philip Fisher, D.O.West Virginia Supreme Court · 2018
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