Legal Opinion

Patton v. Merchants' Bank of Charleston

West Virginia Supreme Court

Decided April 6, 1878PublishedCited by 11 opinions

An appeal from and supersedeas to a decree of the circuit court of Kanawha county, rendered on the 17th day of December, 1873, allowed upon the petition of the Merchants’ Bank of Charleston, in a cause in chancery, in which O. A. Patton, trustee, and others were plaintiffs, and said Merchants’ Bank and others were defendants. The facts sufficiently appear in the opinion of the Court. referred to the following authorities: Adams Eq. 176 and note; 1 Story’s Eq.

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An appeal from and supersedeas to a decree of the circuit court of Kanawha county, rendered on the 17th day of December, 1873, allowed upon the petition of the Merchants’ Bank of Charleston, in a cause in chancery, in which O. A. Patton, trustee, and others were plaintiffs, and said Merchants’ Bank and others were defendants. The facts sufficiently appear in the opinion of the Court. referred to the following authorities: Adams Eq. 176 and note; 1 Story’s Eq. Jur. §385; 2 Tuck. Com. 422; Fonbl. 163; 3 W. Va. 657-8; 2 Tuck. Com. 452; 4 W. Va. 407; 11 Gratt. 453; 4 Munf. 243; 5 Leigh 401; Id.…

1Opinion of the CourtHaymond, Judge

The plaintiffs in the month of July, 1870, filed their bill in the circuit court of the county of Kanawha, against the Merchants’ Bank of Charleston, in which they allege substantially that the plainfiff, O. A. Patton, was appointed trustee for plaintiff, B. Ellen Patton (his wife) by a decree of the Kanawha circuit court during the year 1867, and was vested with certain powers and duties as therein specified, that by virtue of said power conferred by said decrees the trustee did on the 29th day of May, 1868, sell a portion of the real estate belonging to his wife, his cestui que trust, to…

2Cases cited7 opinions

  1. Penn v. WhiteheadSupreme Court of Virginia · 1867
  2. Hall v. HallWest Virginia Supreme Court · 1877
  3. Baylor's lessee v. DejarnetteSupreme Court of Virginia · 1856
  4. Burnett v. Hawpe's ex'orSupreme Court of Virginia · 1874
  5. McChesney v. Brown's heirsSupreme Court of Virginia · 1874

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3Cited by11 opinions

  1. Radford v. CarwileWest Virginia Supreme Court · 1879
  2. McGinnis v. CurryWest Virginia Supreme Court · 1878
  3. Hughes & Co. v. HamiltonWest Virginia Supreme Court · 1882
  4. Renick v. LudingtonWest Virginia Supreme Court · 1882
  5. Pickens's Ex'rs v. KniseleyWest Virginia Supreme Court · 1892

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