Midkiff v. Colton
Court of Appeals for the Fourth Circuit
Appeal from the District Court of the United States for the Southern District of West Virginia, at 'Huntington; Benjamin F. Keller, Judge. Suit by Sabin W. Colton, Jr., and others, trustees of the Guyandotte Rand Association, against Newton Midkiff. From a decree in favor of plaintiffs, defendant appeals.
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Appeal from the District Court of the United States for the Southern District of West Virginia, at 'Huntington; Benjamin F. Keller, Judge. Suit by Sabin W. Colton, Jr., and others, trustees of the Guyandotte Rand Association, against Newton Midkiff. From a decree in favor of plaintiffs, defendant appeals. In 1874, William H. Aspinwall, Ablel A. Low, and others brought action ot ejectment against Winchester Adkins and others, in the United States District Court tor the then District of West Virginia, claiming title, under grants, to 200.000 acres of land within a common boundary, and included…
1Opinion of the CourtBoyd, District Judge
(after stating the facts as above). There are several questions presented to the court upon this appeal, and which were argued orally by counsel, and are also discussed in the briefs which have been filed. The question of jurisdiction of a court of chancery to entertain the case at all is raised. The view is advanced that the instrument left-by Kuhn with Abraham Midkiff had never been lost, but was in existence and was produced in court when it was called for, and therefore a bill to establish a lost paper could not be maintained. It is further argued that the question as to whether there was…
2Cases cited8 opinions
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- Mauney v. PembertonSupreme Court of North Carolina · 1876
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