McFarland v. Dilly
West Virginia Supreme Court
Bill in equity filed in the circuit court of Wood county, April 11th, 1868. It alleged that the complainants, McFarland and McNeer, bought of defendant Everett, a certain barrel factory in Parkersburg, after some time being spent in negotiations, on the 3d day of September, 1867. That a contract was drawn up and signed on that day between the parties.
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Bill in equity filed in the circuit court of Wood county, April 11th, 1868. It alleged that the complainants, McFarland and McNeer, bought of defendant Everett, a certain barrel factory in Parkersburg, after some time being spent in negotiations, on the 3d day of September, 1867. That a contract was drawn up and signed on that day between the parties. The defendant represented the property to be free of incumbrances except certain liens which he designated and which the plaintiffs agreed to discharge. That plaintifis took possession ; that sometime thereafter the sheriff of Wood informed them…
1Opinion of the CourtMaxwell, J.
The appellants claim that the circuit court erred in dissolving the injunction and dismissing the bill, because of the collusion and fraud between Dilly and Everett as to the confession of judgment and the levy of the execution on the property purchased by the complainants. The appellees insist that the injunction was properly dissolved, although there may have been collusion and fraud between them, for-the reason that a court of chancery has no jurisdiction to enjoin the sale of personal property.
As the complainants claim as owners, and charge fraud in their bill, and are without complete…
2Cases cited1 opinion
- Walker v. HuntWest Virginia Supreme Court · 1868
3Cited by10 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Bier v. SmithWest Virginia Supreme Court · 1885
- Bright v. KnightWest Virginia Supreme Court · 1891
- Baker v. RinehardWest Virginia Supreme Court · 1877
- Paine v. TutwilerSupreme Court of Virginia · 1876
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