Ballengee v. Whitlock

Lovins, Judge :

This is a proceeding by notice of motion for judgment brought in the Circuit Court of Raleigh County by Mrs. H. H. Ballengee against James C. Whitlock and Beulah Whitlock to recover the sum of $2300.00. The gravamen of the action is that the plaintiff had paid the defendants the sum of $2300.00 as part purchase price of a house and tract of land situate in Summers County, West Virginia.

The jury made two reports to the court, each purporting to be a verdict. The last report made by the jury was treated as a verdict and a judgment of nil capiat was entered thereon. The plaintiff…