Legal Opinion

Simms v. Ramsey

West Virginia Supreme Court

Decided November 21, 1916PublishedCited by 3 opinions

Appeal from Circuit Court, Fayette County. Suit by M. J. Simms and others against W. H. Ramsey .and others. From, the decree, plaintiffs appeal.

1Opinion of the Court

Poffenbarger, Judge:

This appeal taken by judgment lien creditors involves primarily a question of priority of liens, turning on the status of a deed of trust which, on its face, purports to secure the payment of four negotiable promissory notes for the sum of $2,500.00 each.

The notes described in 'the deed of trust, payable to the order of J. P. Chapman and W.. E. Deegans, at the Kanawha Valley Bank, Charleston, W. Va., were made and delivered to the payees thereof by W. H. Ramsey, the judgment debtor, but he was not, at the date of the execution thereof, indebted to Chapman and Deegans in…

2Cases cited20 opinions

  1. Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
  2. Goodwin v. RichardsonMassachusetts Supreme Judicial Court · 1814
  3. Tapia v. DemartiniCalifornia Supreme Court · 1888
  4. McKinster v. . BabcockNew York Court of Appeals · 1863
  5. Billmyer Lumber Co. v. Merchants Coal Co.West Virginia Supreme Court · 1910

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3Cited by3 opinions

  1. Litz v. First Huntington National BankWest Virginia Supreme Court · 1938
  2. Corn Belt Trust & Savings Bank of Belle Plaine v. MaySupreme Court of Iowa · 1924
  3. Haas v. TeetsWest Virginia Supreme Court · 1936

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