Hyre v. Hoover
West Virginia Supreme Court
• Peter J. Hyre obtained an injunction from the judge of the circuit court of Pendleton county in May, 1866, staying the sale of a certain tract of land by John M. Jones, trustee.
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• Peter J. Hyre obtained an injunction from the judge of the circuit court of Pendleton county in May, 1866, staying the sale of a certain tract of land by John M. Jones, trustee. The bill alleged that in March, 1860, the complainant executed a trust deed to Jones to secure a sum due to one William Hoover in a certain tract of land in the county of Pen-dleton, and also conveyed certain personal estate- to the trustee, providing that if the sum due was not paid on or before the 5th day of August, 1861, that the trustee should sell the property conveyed, or so much as might be sufficient to pay…
1Opinion of the Court
Maxwell, J..The appellant applied to the judge of the cii’cuit court of Pendleton county, in vacation, for and obtained ah order for an injunction to restrain the defendant Jones, as trustee, from selling certain lands which had been conveyed by Hyre to the said trustee to secure to Hoover the payment of a certain debt specified in the trust. The order for the injunction is without date, but the endorsement of the clerk on the bill, showing that the bond was executed, is dated May 24th, .1866. No further proceeding seems to have been had in the matter until May rules, in the year ,1867, when…
2Cited by2 opinions
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