Troll v. Carter
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of the county of Ohio, rendered on the 25th day of July, 1864, in a cause in said court then pending, wherein Emma G. Troll and others were plaintiffs and Emma B. Carter and others were defendants, allowed upon the petition of said plaintiffs. Hon. Thayer Melvin, judge of the first 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 Ohio, rendered on the 25th day of July, 1864, in a cause in said court then pending, wherein Emma G. Troll and others were plaintiffs and Emma B. Carter and others were defendants, allowed upon the petition of said plaintiffs. Hon. Thayer Melvin, judge of the first judicial circuit, rendered the decree appealed from. GreeN, PRESIDENT, furnishes the following statement of the case: This is a controversy about the equitable ownership of a farm in Ohio county, of about one hundred and eight acres, known as the Carrol…
1Opinion of the Court
Gree^, President,
delivered the opinion of the Court:
The questions presented by the record in this case are, first — whether the plaintiff can prove by parol evidence that the deed made by Edward G. Steenrod to his father Daniel Steenrod, which on its face was an absolute conveyance for a valuable consideration of the Carrol farm, was in reality by a verbal agreement to be regarded as a deed conveying this land in trust for the use of the grantor for life and remainder in fee simple to his children ; and whether if such verbal trust is satisfactorily proven it would be enforced ; and secondly…
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