Pratt & Fox v. Clemens
West Virginia Supreme Court
This cause came from Ohio county. The bill was filed at February rules, 1868, by Pratt & Fox. It alleged that the plaintiffs had obtained a judgment against Sherrard Clemens for 2,360 dollars and 75 cents, in the circuit court of Ohio county, on the 29th day of May, 1867, and that a writ of fieri fiadas, issued thereon, had been returned “no property.”
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This cause came from Ohio county. The bill was filed at February rules, 1868, by Pratt & Fox. It alleged that the plaintiffs had obtained a judgment against Sherrard Clemens for 2,360 dollars and 75 cents, in the circuit court of Ohio county, on the 29th day of May, 1867, and that a writ of fieri fiadas, issued thereon, had been returned “no property.” That the judgment had been placed on the judgment lien docket on the 14th. day of November, 1867. That one John H. Hobbs and the Merchants’ National Bank of Wheeling claimed to have a lien on certain lands owned by defendant Clemens, in Ohio…
1Opinion of the CourtMaxwell, J.
The only question for consideration is whether or not the paper executed by Sherrard Clemens and wife, on the 10th day of April, 1867, purporting to be a deed of trust, creates a lien on the tract of land therein named, prior to the liens created by the judgments of the appellants Alonzo Child and Thomas Hughes. The paper purporting to be a deed of trust is not such because it has no seals. It is contended, however, that although it is not a deed of trust so as to create a legal lien, it is, nevertheless, a contract for a deed of trust, and creates an equitable lien, under the 4th Sec. of Ch.…
2Cited by7 opinions
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