Legal Opinion

Sulzberger & Sons Co. v. Fairmont Packing Co.

West Virginia Supreme Court

Decided May 4, 1920PublishedCited by 6 opinions

Appeal from Circuit Court, Marion County. Suit by the Sulzberger & Sons Company against the Fairmont Packing Company, Charles Powell, trustee, and three others, with appearance by Powell, trustee, asking leave to file answer, and appearance by the National Bank of Fairmont, not made a party, and which, together with , Powell, trustee, asked leave to file a joint and several petition for a sale under a deed of trust, and in which other parties were brought as defendants.

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Appeal from Circuit Court, Marion County. Suit by the Sulzberger & Sons Company against the Fairmont Packing Company, Charles Powell, trustee, and three others, with appearance by Powell, trustee, asking leave to file answer, and appearance by the National Bank of Fairmont, not made a party, and which, together with , Powell, trustee, asked leave to file a joint and several petition for a sale under a deed of trust, and in which other parties were brought as defendants. On Commissioner’s report there was a decree appointing plaintiff’s attorney commissioner to make sale of the property and by…

1Opinion of the Court

MilleR, Judge :

Plaintiff, a judgment creditor of the, Fairmont Packing Company in the sum of $426.00, brought its suit to December rules, 1916, to subject to sale the real estate of the defendant company, to satisfy the lie,ns and judgments thereon as set forth in the bill, making defendants the Fairmont Packing Company, the Wise Packing Company, Charles Powell, Trustee, the Monongahela Valley Traction Company, and the Bemard-Cloekler Company. To this bill the defendant Charles Powell, Trustee, *363with the National Bank of Fairmont, not made a party, appeared, the former tendering and asking…

2Cases cited8 opinions

  1. Weigand v. Alliance Supply Co.West Virginia Supreme Court · 1897
  2. Hartley v. Ault Woodenware Co.West Virginia Supreme Court · 1918
  3. Stafford v. JonesWest Virginia Supreme Court · 1909
  4. McDermitt v. NewmanWest Virginia Supreme Court · 1908
  5. Allen & Co. v. MaxwellWest Virginia Supreme Court · 1904

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3Cited by6 opinions

  1. Hupp v. SasserWest Virginia Supreme Court · 1997
  2. Finnell v. JordanWest Virginia Supreme Court · 1926
  3. Rinehart v. HallWest Virginia Supreme Court · 1936
  4. Board of Trustees of Lewis Prichard Charity Fund v. Mankin Investment Co.West Virginia Supreme Court · 1937
  5. National Bank of Commerce v. Great Kanawha Orchard Co.West Virginia Supreme Court · 1932

1 more not listed; retrieve them via the Exa API.

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