Cain v. Cox
West Virginia Supreme Court
Gee bn, Judge, furnishes the following statement of the case: At April rules, 1876, Rezin Cain filed in the circuit court of Ritchie countj'- his bill, in which he states,that on November 1, 1854, he conveyed to his sisters Nancy and Do rinda Cain a parcel of land in Ritchie county, West Virginia, said in the deed to contain one hundred acres more or less, but which really contained one hundred and thirty-six acres; that he afterwards sold to one G. W. Parker this tract of…
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Gee bn, Judge, furnishes the following statement of the case: At April rules, 1876, Rezin Cain filed in the circuit court of Ritchie countj'- his bill, in which he states,that on November 1, 1854, he conveyed to his sisters Nancy and Do rinda Cain a parcel of land in Ritchie county, West Virginia, said in the deed to contain one hundred acres more or less, but which really contained one hundred and thirty-six acres; that he afterwards sold to one G. W. Parker this tract of land for his sisters, and he paid for it but had no deed for it hut simply a title-bond, and the ¡fiaintifi, Rezin Cain,…
1Opinion of the Court
(tREEN, JudUe:
The first enquiry is: What is the effect and operation of *603the deed made 'November first, 1854, which on its face professes to convey to the sisters of Rezin Gain the tract of land in controversy in consideration of three hundred and fifty, dollars? It was executed by Rezin Cain the day it bears date and acknowledged and duly recorded the same day. On its face it purports to be a conveyance of this tact of land for a valuable consideration; but the evidence proves, that it was a conveyance really without consideration and upon a parol trust, that the grantor, Rezin Gain, should…
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