Legal Opinion

Conaway v. Overholt

West Virginia Supreme Court

Decided September 13, 1921Published

Certified from Circuit Court, Wetzel County. Bill by Waitman H. Conaway against Raymond D. Over-bolt, executor, and others, for enforcement of vendor’s lien. Demurrer to bill overruled, and case certified for review.

1Opinion of the Court

Poffenbarger, Judge:

Having overruled a demurrer to a bill filed for enforcement of an alleged vendor’s lien and possibly for relief upon *38other grounds, the trial eourt has certified its decision to this court for review..

The inquiry turns upon the language of the clause in a contract or deed, relied upon as having reserved such a lien. W. H. Conaway, one of the plaintiffs, owning an undivided half of the equitable title to certain coal and mining privileges, sold and conveyed the same to his cotenant, Charles E. Cona-way, for and in consideration of the sum of $8,100.00, of which $1,100.00…

2Cases cited6 opinions

  1. Beckwith v. LaingWest Virginia Supreme Court · 1909
  2. Pyle v. HendersonWest Virginia Supreme Court · 1904
  3. Gebhart v. ShraderWest Virginia Supreme Court · 1914
  4. Clark v. Harpers Ferry Timber Co.West Virginia Supreme Court · 1912
  5. Morris' Admr. v. Peyton's Admr.West Virginia Supreme Court · 1877

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