Legal Opinion

Fisher v. Brown

West Virginia Supreme Court

Decided October 1, 1884PublishedCited by 1 opinion

Woods, Judge, furnishes the following statement of the case: This was a suit brought in May, 1874, in the circuit court of Jackson county by Henry J. Fisher against John L. Hamilton and Thomas Brown, to enforce a vendor’s lien upon a certain parcel of land then claimed by, and in the possession ot said Brown.

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Woods, Judge, furnishes the following statement of the case: This was a suit brought in May, 1874, in the circuit court of Jackson county by Henry J. Fisher against John L. Hamilton and Thomas Brown, to enforce a vendor’s lien upon a certain parcel of land then claimed by, and in the possession ot said Brown. The hill in substance alleges that the plaintiff, by an agreement under seal dated January 19, 1866, executed in duplicate by himself and Hamilton, bargained and sold to the latter a parcel of land in said county at the price of eight thousand dollars, with interest from the first day of…

1Opinion of the Court

Woods, Judge:

The only error complained of by the appellant is, that the court dismissed his amended and supplemental bill because there was no proof that Ruth Brown paid for the lands conveyed to her said heirs described in the supplemental bill, out of her own separate estate. The most material question arising upon this record "meets us at the threshold and must be disposed before we are called upon to consider the questions raised by the appellants, and that question is this: Is there in this record anything to show that there was any personal liability resting upon the defendant, Thomas…

2Cited by1 opinion

  1. Carskadon v. MinkeWest Virginia Supreme Court · 1885

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