Wamsley v. Stalnaker
West Virginia Supreme Court
Green, Judge, furnislies the following statement oí the case : Jacob S. "Wamsley filed his bill at the December rules, 1880, in the circuit court of Randolph county, in which he alleged, that on the 7th of February, 1877, Jacob Ii.
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Green, Judge, furnislies the following statement oí the case : Jacob S. "Wamsley filed his bill at the December rules, 1880, in the circuit court of Randolph county, in which he alleged, that on the 7th of February, 1877, Jacob Ii. Arbo-gast and his wife conveyed to him two thousand acres of laud in Pocahontas county, West Virginia, with general warranty of title; and in the deed he covenanted, that he was seized of the said tract of land and had good right and title to convey the same, “ and that the same shall not be subject to any liability from incumbrances thereon except for the vendor’s…
1Opinion of the Court
Green, Judge:
The questions involved in this cause can be much better disposed of after we have taken a general view of the law with reference to the jurisdiction of a court of equity to enjoin or stay the collection of the purchase-money of a tract of land by the vendor, when there are covenants of warranty, of good right to convey, against incumbrances, and other usual covenants, where the vendor has no title to the land or a part thereof, or when the land is encumbered by judgment or other liens. If we were not bound by precedents we should consider, that the correct principles were laid…
2Cases cited5 opinions
- Clarke v. HardgroveSupreme Court of Virginia · 1851
- Renick v. RenickWest Virginia Supreme Court · 1872
- Richards v. MercerSupreme Court of Virginia · 1829
- Grantland v. WightSupreme Court of Virginia · 1816
- Collins v. ClaytonSupreme Court of Georgia · 1875
3Cited by12 opinions
- Kinports v. RawsonWest Virginia Supreme Court · 1887
- Heavner v. MorganWest Virginia Supreme Court · 1887
- Bennett v. PierceWest Virginia Supreme Court · 1901
- McClaugherty v. CroftWest Virginia Supreme Court · 1897
- Carter Coal Co. v. LitzDistrict Court, W.D. Virginia · 1943
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