Legal Opinion

Williamson v. Russell

West Virginia Supreme Court

Decided November 19, 1881PublishedCited by 22 opinions

Appeal from and supersedeas to an order of the circuit court of thecounty of Tyler pronounced on the 4th day of April, 1879, in a cause in said court then pending, wherein Theodore A. Williamson was plaintiff, and Joshua Russell and others were defendants, allowed upon the petition of said Williamson. , Hon. James M, Jackson, judge of the fifth judicial circuit, made the order appealed from.

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Appeal from and supersedeas to an order of the circuit court of thecounty of Tyler pronounced on the 4th day of April, 1879, in a cause in said court then pending, wherein Theodore A. Williamson was plaintiff, and Joshua Russell and others were defendants, allowed upon the petition of said Williamson. , Hon. James M, Jackson, judge of the fifth judicial circuit, made the order appealed from. GbeeN, Judge, furnishes the following statement of the ‘cáse: In 1868 Elbert H. Williamson owned a tract of land of forty-four acres on the Ohio river in Tyler county, and conveyed one acre of it to…

1Judgment of the CourtGreek, Judge

The first enquiry is, whether a court of chancery has any jurisdiction in a case of this character, and whether the circuit court ought not to have declined to interpose and ought not to have left the plaintiff to seek his redress in a common law court. The facts, so far as they affect this jurisdictional question, are simply these : The county court in a suit in chancery, in which the plaintiff in this cause was not a party, ordered the sale of the land of William W. Williamson to satisfy a lien upon it; the sale was made, and Russell purchased the land, and the sale was confirmed; the…

2Cases cited9 opinions

  1. Kuhn, Netter & Co. v. Mack & Bros.West Virginia Supreme Court · 1870
  2. Whitney v. GundersonWisconsin Supreme Court · 1872
  3. Bassett v. WelchWisconsin Supreme Court · 1867
  4. Bettison v. BuddSupreme Court of Arkansas · 1856
  5. Goodnough v. SheppardIllinois Supreme Court · 1862

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3Cited by22 opinions

  1. Simpson v. EdmistonWest Virginia Supreme Court · 1884
  2. Toothman v. CourtneyWest Virginia Supreme Court · 1907
  3. Blake v. O'NealWest Virginia Supreme Court · 1908
  4. Bennet v. North Colorado Springs Land & Improvement Co.Supreme Court of Colorado · 1897
  5. Battin v. WoodsWest Virginia Supreme Court · 1885

17 more not listed; retrieve them via the Exa API.

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