Spencer v. Lee
West Virginia Supreme Court
Appeal from and supersedeas to two decrees of the circuit court of the county of Wood, rendered respectively on the 6th day of April, 1880, and on the 7th day of April, 1880, in a cause in said court then pending, wherein Warrick B. Spencer and Lewis M. Miller were plaintiffs, and Sarah D. Lee and others were defendants, allowed upon the petition of the said Lee. Hon. James M. Jackson, Judge of the fifth judicial circuit, rendered the decrees appealed from.
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Appeal from and supersedeas to two decrees of the circuit court of the county of Wood, rendered respectively on the 6th day of April, 1880, and on the 7th day of April, 1880, in a cause in said court then pending, wherein Warrick B. Spencer and Lewis M. Miller were plaintiffs, and Sarah D. Lee and others were defendants, allowed upon the petition of the said Lee. Hon. James M. Jackson, Judge of the fifth judicial circuit, rendered the decrees appealed from. Patton, Judge, furnishes the following statement of the case: On the 11th day of October, 1858, A. P. Ankrum executed a deed of trust to…
1Judgment of the CourtPatton, Judge
The record in this cause raises a number of questions. It is plain, that several necessary parties have not been brought before the court, and that the decree of the court below would have to be reversed on that account if for no other reason; but in assigning the grounds, upon which some of these parties are material to a proper and final determination of the controversy, it will be necessary to consider in a great measure, if not entirely, the whole controversy in the cause. The original bill in this cause was filed for the purpose of setting aside the sale to Miller under the trust-deed,…
2Cases cited9 opinions
- Quarles v. LacySupreme Court of Virginia · 1814
- Rossett v. FisherSupreme Court of Virginia · 1854
- Gay v. HancockSupreme Court of Virginia · 1822
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- Chowning v. CoxSupreme Court of Virginia · 1823
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3Cited by11 opinions
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- George v. ZinnWest Virginia Supreme Court · 1905
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- Miller v. Monumental Savings & Loan Ass'nWest Virginia Supreme Court · 1905
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