Gainer v. Gainer
West Virginia Supreme Court
No appearance for appellee. Statement of the case by GkeeN, Judge : This was a chancery suit brought by Bryan Gainer in the Circuit Court of Barbour county, in October, 1868, to enforce a vendor’s lien on land in that county of $250.00 with interest on it from April 18,1853, which he claimed was the balance due on a contract for sale of this land to George Gainer and John W. Gainer, which contract was dated April 18,1851. The bill states this, and also many other matters,…
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No appearance for appellee. Statement of the case by GkeeN, Judge : This was a chancery suit brought by Bryan Gainer in the Circuit Court of Barbour county, in October, 1868, to enforce a vendor’s lien on land in that county of $250.00 with interest on it from April 18,1853, which he claimed was the balance due on a contract for sale of this land to George Gainer and John W. Gainer, which contract was dated April 18,1851. The bill states this, and also many other matters, which rendered it necessary and proper to make the numerous parties named in it defendants to the suit. A number of the…
1Opinion of the Court
Green, Judge :
The right to revive a cause in equity, as well as the mode of reviving it, is thus correctly stated by me in delivering the opinion of this Court in Reid v. Stuart’s Ex’r, 20 W. Va. 391, 392: “Before the passage of any statute law, when a sole plaintiff died intestate, his representative, his administrator, or heirs, or both, if each was interested, had a right, by bill of revivor, to revive a cause, and proceed in it to a final decree. But, in such a case, this right of revival, if the cause of action itself survived, was absolute in the case supposed; and the parties filing…
2Cases cited1 opinion
- Reid v. Stuart's Ex'orWest Virginia Supreme Court · 1882
3Cited by8 opinions
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
- Dankmer v. City Ice & Fuel Co.West Virginia Supreme Court · 1939
- Bloyd v. ScrogginsWest Virginia Supreme Court · 1941
- New Gauley Coal Corp. v. HerndonWest Virginia Supreme Court · 1926
- Dankmer v. City Ice & Fuel Co.West Virginia Supreme Court · 1941
3 more not listed; retrieve them via the Exa API.