Mitchell v. Chancellor
West Virginia Supreme Court
Appeal-from and mqwtiedeas to a decree of the circuit court of Wood county, rendered on the 23d day March 1878, in a suit in chancery in said , court then pending, wherein Benjamin F. Mitchell was plaintiff, and William A. Chancellor and William P. Thompson were defendants, granted on petition of said Mitchell. Hon. James Monroe Jackson, judge of the fifth judicial circuit, rendered the decree appealed from.
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Appeal-from and mqwtiedeas to a decree of the circuit court of Wood county, rendered on the 23d day March 1878, in a suit in chancery in said , court then pending, wherein Benjamin F. Mitchell was plaintiff, and William A. Chancellor and William P. Thompson were defendants, granted on petition of said Mitchell. Hon. James Monroe Jackson, judge of the fifth judicial circuit, rendered the decree appealed from. JoiiNSON, Judge, furnishes the following; statement of the case: ’ At February rules, 1878, of the circuit court of Wood county B. F. Mitchell, late sheriff of .Ritchie county, filed his…
1Opinion of the CourtJohnson, Judge
The question here presented is : “Should the demurrer to the bill have been sustained ?
And first: Were the proper parties before the court? t, „ , „ Syllabus 1. It is well established, that equity has jurisdiction, . 7 t 1 J 7 wherever a lost instrument is to be set up, notwithstanding courts of law now exercise jurisdiction in the same cases. Hickman v. Painter, 11 W. Va. 386. It is also true, that in such a case a court of chancery, having taken jurisdiction Syiiaims2. for one purpose, will adjudicate the whole merits of the case. Id. 386. And where a court of chancery is resorted to for…
2Cases cited3 opinions
- Hickman v. PainterWest Virginia Supreme Court · 1877
- Austin v. RichardsonSupreme Court of Virginia · 1844
- Davis v. Commonwealth for LeonSupreme Court of Virginia · 1856
3Cited by18 opinions
- Dower v. ChurchWest Virginia Supreme Court · 1882
- Lyttle v. CozadWest Virginia Supreme Court · 1882
- Hotchkiss v. Fitzgerald Patent Prepared Plaster Co.West Virginia Supreme Court · 1895
- Yates v. Stuart's Adm'rWest Virginia Supreme Court · 1894
- Graham Grocery Co. v. ChaseWest Virginia Supreme Court · 1915
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