Lockhard v. Beckley
West Virginia Supreme Court
An appeal upon the petition of Isaac C. Beckley, Mary R. Beckley and John Price Duncan from a decree of the circuit court of Baleigh county, rendered on the 10th day of October, 1873, in a cause then pending in said court, wherein Charles O. Lockhard and Thomas S. Ireland, partners in trade under the name of Lockhard & Ireland, were plaintiffs and. Isaac C. Beckley and others were defendants.
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An appeal upon the petition of Isaac C. Beckley, Mary R. Beckley and John Price Duncan from a decree of the circuit court of Baleigh county, rendered on the 10th day of October, 1873, in a cause then pending in said court, wherein Charles O. Lockhard and Thomas S. Ireland, partners in trade under the name of Lockhard & Ireland, were plaintiffs and. Isaac C. Beckley and others were defendants. The Hon. Evermont "Ward, Judge of the ninth judicial circuit, presided at the hearing below: The case is sufficiently stated by Johnson, Judge, who delivered the opinion of the Court. referred to the…
1Opinion of the Court
Johnson, Judge :
The appellees as well as the appellants insist that the decree is erroneous.
The appellees claim that the acknowledgment of the deed from Alfred Beokley, Sr., and Jane B., his wife, is fatally defective, and for that reason it cannot stand in the way of their demand against I saac C. Beckley.
This being a, point not raised in the pleadings, and the deed being void on another ground, it is unnecessary to consider the question.
It is also claimed by the appellees that as the purchase money was paid by I. C. Beckley, and the convey-*96anee made to John Price Duncan an trustee for his…
2Cases cited14 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Reade v. LivingstonNew York Court of Chancery · 1818
- Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
- Rea v. MissouriSupreme Court of the United States · 1873
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3Cited by56 opinions
- Rose & Co. v. BrownWest Virginia Supreme Court · 1877
- Burt v. TimmonsWest Virginia Supreme Court · 1887
- Vance Shoe Co. v. HaughtWest Virginia Supreme Court · 1895
- Goshorn's Ex'r v. SnodgrassWest Virginia Supreme Court · 1881
- Knight v. CapitoWest Virginia Supreme Court · 1884
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