Wayt v. Carwithen
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of the county of Kanawha, rendered on the 7th day of April, 1882, in a cause in said court then pending, wherein George Wayt was plaintiff, and N. Carwitlien and others were defendants, allowed upon the petition of said Wayt. Hon. F. A. Guthrie, judge of the seventh judicial circuit, rendered the decree appealed from.
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Appeal from and supersedeas to a decree of the circuit court of the county of Kanawha, rendered on the 7th day of April, 1882, in a cause in said court then pending, wherein George Wayt was plaintiff, and N. Carwitlien and others were defendants, allowed upon the petition of said Wayt. Hon. F. A. Guthrie, judge of the seventh judicial circuit, rendered the decree appealed from. The facts of the case are stated in the opinion of the Court. cited the following authorities : Code, Ya. (1849) ch. 48 § 12 ; 3 Leigh 365; 2 Min. Inst. 882; Perry Trusts, §§ 920, 921; 19 la. 538; Ad. Eq. 55; 14 W. Ya.…
1Judgment of the CourtSnyder, Judge
This suit was instituted in the circuit court of Kanawha county, on November 2, 1881, by George Wayt against Nancy Carwithen and others. The bill was demurred to, the demurrer sustained and the bill dismissed with costs, and the plaintiff appealed to this Court.
The material allegations of the plaintiff’s bill are, that in 1851, James Carwithen by executory contract purchased from Jesse Mills one hundred acres of land on Davis creek in Kanawha county; that the purchase-money for said land remaining unpaid the said Mills by an action in the circuit court of said county obtained a judgment on…
2Cases cited5 opinions
- Flagg v. MannU.S. Circuit Court for the District of Massachusetts · 1837
- Daggett v. RankinCalifornia Supreme Court · 1866
- Whiting v. EichelbergerSupreme Court of Iowa · 1864
- Peckham v. HaddockIllinois Supreme Court · 1864
- Lyon v. . LyonNew York Court of Appeals · 1876
3Cited by13 opinions
- Bensimer v. FellWest Virginia Supreme Court · 1891
- Knott v. Manufacturing Co.West Virginia Supreme Court · 1888
- Holley's v. CurryWest Virginia Supreme Court · 1905
- Equitable Trust Co. v. ImbesiCourt of Appeals of Maryland · 1980
- Garrison v. . Vermont MillsSupreme Court of North Carolina · 1910
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