Dryden v. Stephens
West Virginia Supreme Court
Appeal from a decree of the circuit court of the county of Mason, rendered on the 17th day of April, 1877, in a cause in said court then pending, wherein John Dryden, administrator, was plaintiff, and William J. Stephens and others were defendants, allowed upon the petition of said Dryden. Hon. Joseph Smith, judge of the seventh judicial circuit rendered the decree appealed from.
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Appeal from a decree of the circuit court of the county of Mason, rendered on the 17th day of April, 1877, in a cause in said court then pending, wherein John Dryden, administrator, was plaintiff, and William J. Stephens and others were defendants, allowed upon the petition of said Dryden. Hon. Joseph Smith, judge of the seventh judicial circuit rendered the decree appealed from. The facts of the case are fully stated in the opinion of the Court: relied on the following authorities: 10 Wall. 172; 17 Wall. 438; 11 Wall. 262; 1 Rand. 72; 8 Graft. 247; 5 Leigh 460; Gilm. 130; 2 Min. Inst. 205,…
1Opinion of the Court
JOHNSON, President,
announced the opinion of the Court:
In August, 1868, an amended bill was filed by John Dryden, administrator of Thomas R. Friend in the chancery suit then pending in the circuit court of Mason county in,the name of said Thomas R. Friend against William J. Stephens and Abram Williams. In this amended bill the plaintiff alleges, that said suit was instituted in 1853 against said Stephens and Williams to enforce as an equal partner with said Stephens and Williams his right in the purchase of certain real estate in Mason county near West Columbia and in the improvements,…
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