Robinson v. Dix
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of the county of Nicholas, rendered on the 8th day of March, 1879, in a cause in said court then pending, wherein Benjamin H. Robinson was plaintiff, and James Dix and others, were defendants, allowed upon the petition of James Dix and Rachel Dix. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from.
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Appeal from and supersedeas to a decree of the circuit court of the county of Nicholas, rendered on the 8th day of March, 1879, in a cause in said court then pending, wherein Benjamin H. Robinson was plaintiff, and James Dix and others, were defendants, allowed upon the petition of James Dix and Rachel Dix. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from. GjreeN, Judge, furnishes the following statement of the case : In December, 1871, B. H. Robinson filed his bill in the circuit court of Nicholas county, against James Dix, Rachel E. Dix and Joseph…
1Judgment of the CourtGebeN, Judge
The first and most important question in this cause is: Were the necessary parties before the circuit court, so as to justify that court in rendering any decree on the merits of the cause? The bill states, that in 1860 the plaintiff, B. H. Robinson, sold to the defendant, Joseph D. Hanna, a certain tract of land but conveyed it to McClung as trustee for Clara W. Hanna, the wife of the purchaser, and that this trustee and she in 1868 conveyed this tract of land to defendant, Rachel E. Dix, wife of the defendant, James Dix. The bill further states, that Joseph D. Hanna, when said sale was made…
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