Morris v. Joseph
West Virginia Supreme Court
George, Me Oulloch obtained a decree in the circuit court of Tyler county, at the fall term, 1844, against George Lefever, for 140 dollars and 50 cents, and the court ordered tbe sale of a tract of land, lying on Middle Island OreeJc, containing 100 acres, in discharge of the decree.
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George, Me Oulloch obtained a decree in the circuit court of Tyler county, at the fall term, 1844, against George Lefever, for 140 dollars and 50 cents, and the court ordered tbe sale of a tract of land, lying on Middle Island OreeJc, containing 100 acres, in discharge of the decree. At the sale McCulloch became the purchaser, and at the spring term, 1845, it was confirmed and the commissioner ordered to convey the land, which he did by deed dated June 2nd, 1845. McCulloch on the 14th day of November, 1848, sold and conveyed the land to Waitman F. Joseph. In June, 1853, James Morris…
1Opinion of the Court
Harrison, Thomas W., L,
delivered the opinion of the court.
The only question fairly arising in this case, is that of fraud on the part of the appellant. The appellee filed his bill of injunction in the circuit court of Tyler county. The facts in the case are in substance, that Morris, the appellant, in the year 1844 acted as the.general agent of one Lefever, (who left the country in 1843, and had not since been heard of) under whose title the appellee claimed: that in the same year the appellant rented to Varner the tract of 100 acres of land in controversy in this cause and received the rent;…
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