Vangilder v. Hoffman
West Virginia Supreme Court
SNYDER, Judge, furnishes the following statement of the case: This suit was instituted in the circuit court of Monongalia county, on 11th day of February, 1874, by John 0. Vangil-der against John II. Hoffman and L. S. Hough, trustee.
Read the full summary
SNYDER, Judge, furnishes the following statement of the case: This suit was instituted in the circuit court of Monongalia county, on 11th day of February, 1874, by John 0. Vangil-der against John II. Hoffman and L. S. Hough, trustee. The bill alleges that prior to the 8th day of May, 1865, the plaintiff was the owner of ninety-six acres of laud near Morgan-town; that on said day he executed a trust-deed conveying said land to a trustee to secure the payment of his single bill to Joseph Grubb for one thousand dollars with interest from said date; that in May, 1868, plaintiff applied io the…
1Opinion of the Court
SNYder, Judge:
It is assigned as error by the appellant that the court erred in directing an issue in the cause. The appellee claims that the bill is framed for relief under the tenth section of chapter, one hundred and forty-one of Code of Virginia while the appellant contends that it is a bill for discovery under the seventh section of said chapter.. If the appellee is correct, that his bill entitles him to the benefit of the said tenth section, then, of course, there was no error in directing the issue, because, under that section the plaintiff is entitled as a matter of right to an issue —…
2Cases cited44 opinions
- Russell v. SouthardSupreme Court of the United States · 1851
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Villa v. RodriguezSupreme Court of the United States · 1871
- Horn v. . KeteltasNew York Court of Appeals · 1871
39 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Carper v. Kanawha Banking & Trust Co.West Virginia Supreme Court · 1974
- Currence v. WardWest Virginia Supreme Court · 1897
- Sadler v. TaylorWest Virginia Supreme Court · 1901
- Floyd v. DuffyWest Virginia Supreme Court · 1910
- Shinn v. Board of EducationWest Virginia Supreme Court · 1894
39 more not listed; retrieve them via the Exa API.