Dodson v. Hays
West Virginia Supreme Court
Statement of tbe case by GbbeN, Judge : Allison Clark obtained in 1795 a patent from the Commonwealth of Virginia for a tract of land of 430 acres in, what is now Lewis county in this State. It was sold and conveyed three different times and finally to Jonathan M. Bennett of «aid county at some time prior to 1885, who had a good title thereto.
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Statement of tbe case by GbbeN, Judge : Allison Clark obtained in 1795 a patent from the Commonwealth of Virginia for a tract of land of 430 acres in, what is now Lewis county in this State. It was sold and conveyed three different times and finally to Jonathan M. Bennett of «aid county at some time prior to 1885, who had a good title thereto. Those, under whom he claimed, not having taken possession of the land, Ebenezer Hays of Pennsylvania took up, what was supposed to be 380 acres of this tract, as though it was vacant, and obtained a patent for it on May 2,1838, from the Commonwealth of…
1Opinion of the Court
Gee bn, Judge :
This suit was instituted by the heirs of Joseph Dodson in August, 1880, to set aside arid rescind a deed or agreement made by Hice G. Iiopwood, of Pennsylvania, with their ancestor Joseph Dodson, David W. Waldeck and Lewis Schaefer, whereby was sold or agreed to be sold a certain tract of land in Lewis county, West Virginia. This deed or agreement was as follows :
‘‘This agreement, made the 26th day of August, 1865, between Rice G. Hopwood, guardian of Julia F. Hays, and attorney in fact of Elizabeth Hays and Sarah E. Hays (now Dawson), widow and heirs-at-law of Ebenezer Hays,…
2Cases cited10 opinions
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