Brooks v. Wilcox
Supreme Court of Virginia
At the January term 1850 of the County court of Kanawha, Luke Wilcox filed a notice, with an affidavit of its service, to James G-. O. Brooks, that he would apply to said County court to ascertain the value in money of five thousand bushels of salt of first quality, &c. it being for rent in arrear, and reserved upon contract with him, and for which said Brooks’ property had been distrained; and for such other and further order as the court might lawfully make in the…
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At the January term 1850 of the County court of Kanawha, Luke Wilcox filed a notice, with an affidavit of its service, to James G-. O. Brooks, that he would apply to said County court to ascertain the value in money of five thousand bushels of salt of first quality, &c. it being for rent in arrear, and reserved upon contract with him, and for which said Brooks’ property had been distrained; and for such other and further order as the court might lawfully make in the premises. Upon this notice he founded a motion to ascertain the value of five thousand bushels of salt reserved for rent. This…
1Opinion of the CourtMoncure, J.
This is a supersedeas to a judgment of the Circuit court affirming an order of the County court of Kanawha, directing a sale of certain property distrained for rent reserved in salt. The order was made in pursuance of 1 Kev. Code of 1819, ch. 113, § 12, p. 449, which declares, that “Whenever any distress shall be made for rent reserved in wheat, corn, or anything other than money, it shall be lawful for the landlord or lessor to apply to the court of the county or corporation, or to the Superior court of law for the county in which the leased tenement may lie, to ascertain the value in money…
2Cited by20 opinions
- Kerr v. LunsfordWest Virginia Supreme Court · 1888
- Clarke v. Ohio River R.West Virginia Supreme Court · 1894
- Burke v. ShaverSupreme Court of Virginia · 1895
- Myers & Axtell v. TriceSupreme Court of Virginia · 1890
- Scott v. ShelorSupreme Court of Virginia · 1877
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