Legal Opinion

Cox v. Davis

West Virginia Supreme Court

Decided February 17, 1920PublishedCited by 8 opinions

Appeal from Circuit Court, Gilmer County. Bill to enforce vendor’s 'lien by D. E. Cox against D. L. Davis and others. From a decree dismissing the bill, plaintiff appeals; D. L. Davis being sole appellee.

1Opinion of the Court

PoFFENBARGER, JUDGE:

The decree now under review dismissed a bill filed for enforcement of a vendor’s lien, the debtor having denied liability for the debt and right in the creditor to sell the property for satisfaction thereof.

The defense is founded upon a claim or contention in the nature of a defeasance, it being insisted that the note secured by the lien was never, to be paid, but was to be satisfied or defeated by a paper executed by the payee thereof, shortly before its date, by which she agreed that a board bill and store account, aggregating a sum equal to the note, should be set off…

2Cases cited3 opinions

  1. Miller v. . McKenzieNew York Court of Appeals · 1884
  2. Gooch v. GoochWest Virginia Supreme Court · 1911
  3. Coe v. SmithIndiana Supreme Court · 1849

3Cited by8 opinions

  1. Coleman v. WallaceWest Virginia Supreme Court · 1958
  2. Newell v. High Lawn Memorial Park Co.West Virginia Supreme Court · 1980
  3. Williams v. MossWest Virginia Supreme Court · 1933
  4. Boardman v. FrickWest Virginia Supreme Court · 1923
  5. Hopkins v. WilkinsonWest Virginia Supreme Court · 1934

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