Klinck v. Price
West Virginia Supreme Court
Kboderiek Price, of New York, filed a bill in the circuit court of "Wood county, at September rules, 1860, alleging that he was the owner of a valuable tract of land lying in the counties of Wood and Ritchie, contiguous to the Northwestern Virginia railroad, and that oh the 17th day of February, 1859, he entered into - an, agreement with one Seth H. Klinck, also a citizen of New York, who was by the terms thereof, to go to Virginia as the agent of Price, and endeavor to make…
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Kboderiek Price, of New York, filed a bill in the circuit court of "Wood county, at September rules, 1860, alleging that he was the owner of a valuable tract of land lying in the counties of Wood and Ritchie, contiguous to the Northwestern Virginia railroad, and that oh the 17th day of February, 1859, he entered into - an, agreement with one Seth H. Klinck, also a citizen of New York, who was by the terms thereof, to go to Virginia as the agent of Price, and endeavor to make sale of the land. That Price was greatly in need of money. That for his services as agent, Klinck was to receive the…
1Opinion of the CourtMaxwell, J.
This was a bill filed in the circuit court of "Wood county, by Price, to set aside a conveyance made by him to Klinck, for a tract of 458 acres of land, upon three grounds: First, because the conveyance was obtained by means of false and fraudulent misrepresentations and without adequate consideration. Second, because the conveyance was intended to be a mere mortgage to secure the payment of money due. And third, because the whole contract is usurious and therefore void.
The court below was of the opinion that the conveyance was a mere mortgage to secure the payment of money loaned at a…
2Cases cited2 opinions
- United States v. CrosbySupreme Court of the United States · 1812
- Chapman's Adm'x. v. TurnerCourt of Appeals of Virginia · 1798
3Cited by26 opinions
- Crumlish's Adm'r v. Cent. Imp. Co.West Virginia Supreme Court · 1893
- Sadler v. TaylorWest Virginia Supreme Court · 1901
- Lawrence v. DuBoisWest Virginia Supreme Court · 1880
- Allen v. AllenCalifornia Supreme Court · 1892
- Floyd v. National Loan & Investment Co.West Virginia Supreme Court · 1901
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