Legal Opinion

Boggs v. Bodkin

West Virginia Supreme Court

Decided June 27, 1889PublishedCited by 23 opinions

Statement of the case by GREEN, Judge. On September 8, 1824, Daniel Stringer obtained a patent from the commonwealth of Virginia for 2,000 acres of land at the forks of the Little Kanawha river in what was then Lewis county. On September 25, 1828, he conveyed this and other land to Gideon D. Camden and James "W. Porter, trustees, to secure the payment of several debts due to one Daniel Mason of Culpeper county, Va.

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Statement of the case by GREEN, Judge. On September 8, 1824, Daniel Stringer obtained a patent from the commonwealth of Virginia for 2,000 acres of land at the forks of the Little Kanawha river in what was then Lewis county. On September 25, 1828, he conveyed this and other land to Gideon D. Camden and James "W. Porter, trustees, to secure the payment of several debts due to one Daniel Mason of Culpeper county, Va. By this deed of trust upon default in the prompt payment of any said debts either of said trustees was authorized to sell said land or so much thereof, as might he necessary, for…

1Opinion of the Court

GREEN, Judge :

The prayer of the original bill in this cause was “ that the defendants George Bodkin and N. G. M undy may be compelled to elect within a short day given for the purpose *576either to have said contract rescinded, and the deed for the 786 acres decreed void, or specifically performed on their part by the payment of $-, the unpaid purchase-money, and the conveyance.to the plaintiff of the 725 acres of land; and for general relief.” The evidence shows, that eleven years before this in 1876 the plaintiff finding, that he could not make good his warranty of title for the 786 acres of…

2Cases cited2 opinions

  1. Core v. FaupelWest Virginia Supreme Court · 1884
  2. Ogle v. GrahamSupreme Court of Pennsylvania · 1830

3Cited by23 opinions

  1. Brown v. GobbleWest Virginia Supreme Court · 1996
  2. Bodkin v. ArnoldWest Virginia Supreme Court · 1900
  3. Armstrong v. Maryland Coal Co.West Virginia Supreme Court · 1910
  4. Miller v. LorentzWest Virginia Supreme Court · 1894
  5. Bodkin v. ArnoldWest Virginia Supreme Court · 1898

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