Farmers' Bank of Fairmont v. Watson
West Virginia Supreme Court
I. — Trustees holding legal title must he made parties to a bill seeking to sell the land before the Court can acquire control over or right to sell. — 16 W. Va. 724 ; 23 W. Va. 664; 35 W. Va. 705. II.— Where the proper parties are not made and this appears on the face of the record the Supreme Court will reverse and remand, although the question ivas not raised in the court below. — SB W. Va. 155. III. — The order confirming the sale had been entered, but court was still in…
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I. — Trustees holding legal title must he made parties to a bill seeking to sell the land before the Court can acquire control over or right to sell. — 16 W. Va. 724 ; 23 W. Va. 664; 35 W. Va. 705. II.— Where the proper parties are not made and this appears on the face of the record the Supreme Court will reverse and remand, although the question ivas not raised in the court below. — SB W. Va. 155. III. — The order confirming the sale had been entered, but court was still in session and the order yet in the breast of the court. 28 W. Va. 811. IV.— The large upset bids were the very best…
1Opinion of the Court
Bent, Judge :
On the 27th day of May, 1892, the Farmers’ Bank of Fairmont instituted suit in the Circuit Court of Marion county against various defendants for the purpose of subjecting the real estate of J. Fay Watson and Charles M. Watson to the payment of certain specified liens thereon. Such proceedings were had therein that on the 6th day of July, 1893, a decree was entered confirming a sale of said lands to Thomas W. Fleming. After the confirmation of said sale but at the same term of court the plaintiff and the defendants also J. R. Southern, James 0. Watson and S. L. Watson having filed…
2Cases cited5 opinions
- Turk v. SkilesWest Virginia Supreme Court · 1893
- Morgan v. BlatchleyWest Virginia Supreme Court · 1889
- McMillan v. HickmanWest Virginia Supreme Court · 1891
- Payne v. WebbWest Virginia Supreme Court · 1884
- Jones v. Singer Manufacturing Co.West Virginia Supreme Court · 1893
3Cited by11 opinions
- Marshall's Ex'r v. HallWest Virginia Supreme Court · 1896
- Lunsford & Withrow & Co. v. WrenWest Virginia Supreme Court · 1908
- Martin v. KesterWest Virginia Supreme Court · 1899
- Benson v. SnyderWest Virginia Supreme Court · 1896
- Bansimer v. FellWest Virginia Supreme Court · 1894
6 more not listed; retrieve them via the Exa API.