Evans v. Spurgin
Supreme Court of Virginia
These cases arose out of the case of Evans & wife v. Spurgin, reported 6 Gratt. 107. That case came up to this court from the Circuit court of Preston county: And after the cause went back, Jesse Spurgin and the heirs of Daniel Eantz filed a bill in that court to enjoin the enforcement of that judgment until the hearing of another suit which the plaintiffs had instituted in the Circuit court of Monongalia county in December 1849, against the heirs of Gilly C. Evans, wife of…
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These cases arose out of the case of Evans & wife v. Spurgin, reported 6 Gratt. 107. That case came up to this court from the Circuit court of Preston county: And after the cause went back, Jesse Spurgin and the heirs of Daniel Eantz filed a bill in that court to enjoin the enforcement of that judgment until the hearing of another suit which the plaintiffs had instituted in the Circuit court of Monongalia county in December 1849, against the heirs of Gilly C. Evans, wife of John Evans, and the administrator of Staley, for the purpose of setting aside the decree of the 21st of April 1836. made…
1Opinion of the CourtSamuels, J.
These two cases being, substantially, between the same parties, in regard to the same property, and depending upon the same facts, were heard together in this court. Many of the facts are set forth in the case of Evans & wife v. Spurgin, 6 Graft. 107. The judgment in that case determined that the better right at law was in the demandants. After the judgment the tenant Spurgin and others, the heirs at law of Lantz, filed a bill in equity in the Circuit court of Preston county, in which county the land lies, against the heirs at law of Gilley C. Evans (she and her husband John Evans being then…
2Cases cited390 opinions
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- Crumlish's Adm'r v. Cent. Imp. Co.West Virginia Supreme Court · 1893
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- Roberts v. ColemanWest Virginia Supreme Court · 1892
- Shipman v. FletcherSupreme Court of Virginia · 1895
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3Cited by8 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Hanna v. WilsonSupreme Court of Virginia · 1846
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- Phippen v. DurhamSupreme Court of Virginia · 1852
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