Browning v. Browning
West Virginia Supreme Court
Appeal from Circuit Court, Logan County. Suit by Jesse Y. Browning against Minerva Browning and others. Demurrer to bill sustained, and suit dismissed, without reservation, plaintiff’s bill of review for error apparent on the face of tbe record dismissed on defendant’s demurrer, and plaintiff appeals.
1Opinion of the Court
Lynch Judge:
By three successive but vain efforts made in 1912 and in June and November of 1918 plaintiff endeavored to obtain a decree declaring a deed made by him to his brother, David T. Browning, for 50 acres of land in Logan County to be a mortgage to secure' the payment of $600 to the grantee, rather than a grant to him of the land in fee simple absolute, as on its face it purports to be. The deed, the acknowledgment and recordation thereof bear date as of August 7, 1903, the consideration expressed therein being “one dollar and other considerations” in hand paid, the receipt of which is…
2Cases cited25 opinions
- Pollitz v. . Wabash R.R. Co.New York Court of Appeals · 1912
- Wills v. Nehalem Coal Co.Oregon Supreme Court · 1908
- Clark v. . WestNew York Court of Appeals · 1908
- Hortenstein v. Virginia-Carolina Railway Co.Supreme Court of Virginia · 1904
- Depue v. MillerWest Virginia Supreme Court · 1909
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3Cited by10 opinions
- Ames v. American National BankSupreme Court of Virginia · 1934
- Stephenson v. AshburnWest Virginia Supreme Court · 1952
- Evans v. CharlesWest Virginia Supreme Court · 1949
- Laurie v. ThomasWest Virginia Supreme Court · 1982
- City of Mullens v. DavidsonWest Virginia Supreme Court · 1949
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