Powell v. Sims
West Virginia Supreme Court
Owen D. Downey owned a property in Piedmont, Mineral county, known as the “Downey House.” It consisted of two adjoining buildings, built of brick and wood. The latter bad a wing wbicb extended to the rear. On the 29th of March,-1869, he sold to Gilmore F. Sims, the wooden part of the building, and on the 24th of April following he sold to Robert Powell the brick building.
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Owen D. Downey owned a property in Piedmont, Mineral county, known as the “Downey House.” It consisted of two adjoining buildings, built of brick and wood. The latter bad a wing wbicb extended to the rear. On the 29th of March,-1869, he sold to Gilmore F. Sims, the wooden part of the building, and on the 24th of April following he sold to Robert Powell the brick building. Powell shortly thereafter commenced the erection of a porch from the rear of his brick building along the side of the wooden wing of the Sims building to the street in the rear, and was closing up the windows in the same.…
1Opinion of the Court
Bericshire, P.
The principles to be settled in this case are certainly important to the parties to be immediately affected by our decision, but they are much more so in their wider application to the citizens at large. And as the rule established in this case is to apply to and govern future cases in this State, the case has been examined and considered with the attention and care which its importance would seem to require. Each of the parties to this ^'controversy claim under deeds from a common vendor, Owen D. Downey, who it appears, was the owner of both tenements at the time of the sale…
2Cases cited2 opinions
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Morrison v. MarquardtSupreme Court of Iowa · 1867
3Cited by22 opinions
- Morningstar v. Black & Decker Manufacturing Co.West Virginia Supreme Court · 1979
- Katz v. WalkinshawCalifornia Supreme Court · 1903
- Shaver v. EdgellWest Virginia Supreme Court · 1900
- Koblegard v. HaleWest Virginia Supreme Court · 1906
- McDavid v. United StatesWest Virginia Supreme Court · 2003
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