Haymond v. Camden
West Virginia Supreme Court
SeydeR, Judge, famishes the following statement of the-case: In 1859, Luther Haymond, trustee, sold to H. Snowden Andrews eight hundred and nineteen acres oí land located in Harrison county, at the price of fifteen thousand one hundred and fifty-one dollars and fifty cents, a part of which Andrew's paid in cash and tor the residue gave his bonds with Gr.
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SeydeR, Judge, famishes the following statement of the-case: In 1859, Luther Haymond, trustee, sold to H. Snowden Andrews eight hundred and nineteen acres oí land located in Harrison county, at the price of fifteen thousand one hundred and fifty-one dollars and fifty cents, a part of which Andrew's paid in cash and tor the residue gave his bonds with Gr. D. Camden as surety; and thereupon Haymond conveyed said land to Andrews by deed retaining a lien therein for the payment of said bonds. A large part of said bonds remaining unpaid, but only a small part being then due, Haymond,-in February,…
1Opinion of the Court
SnydeR, Judge:
The counsel for the appellee insist tliat this appeal should be dismissed as improvidently awarded and rely upon Vance v. Snyder, 6 W. Va. 24, 32, and Meadows v. Justice, Id. 198, which hold that a non-resident defendant against whom a •decree has been rendered upon publication, and who has not appeared in the court below, is confined to the remedy prescribed by the statute and that he cannot in the first instance appeal from such decree. The correctness of the doctrine declared by these and many other decisions is unquestioned, but I cannot perceive what application or bearing…
2Cases cited22 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- The Amiable IsabellaSupreme Court of the United States · 1821
- The Brig Amy WarwickSupreme Court of the United States · 1862
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Hanger v. AbbottSupreme Court of the United States · 1868
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3Cited by44 opinions
- Waldron v. HarveyWest Virginia Supreme Court · 1904
- State Ex Rel. Browning v. TuckerWest Virginia Supreme Court · 1957
- State ex rel. Cecil v. KnappWest Virginia Supreme Court · 1958
- State ex rel. Vance v. ArthurWest Virginia Supreme Court · 1957
- Martin v. SmithWest Virginia Supreme Court · 1885
39 more not listed; retrieve them via the Exa API.