Legal Opinion

Kable v. Mitchell

West Virginia Supreme Court

Decided September 11, 1876PublishedCited by 37 opinions

Upon an appeal from the decree of the circuit court of Jefferson county, rendered on the first day of November, 1873, in a cause therein pending, in which Leonard Sad-ler’s administrator was complainant, and Francis W. Drew et al. were defendants, the said decree being rendered upon a motion made by Mitchell to set aside a sale of land made by the commissioners of said court. The appeal was granted on the petition of said Kable, the pui’chaser at the sale.

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Upon an appeal from the decree of the circuit court of Jefferson county, rendered on the first day of November, 1873, in a cause therein pending, in which Leonard Sad-ler’s administrator was complainant, and Francis W. Drew et al. were defendants, the said decree being rendered upon a motion made by Mitchell to set aside a sale of land made by the commissioners of said court. The appeal was granted on the petition of said Kable, the pui’chaser at the sale. The facts of the case fully appear in the opinion of Haymond, President. Hon. John Blair Hoge, Judge of said circuit court, presided at…

1Opinion of the Court

HAYMOND, PRESIDENT:

Prior to 1870, Nathan S. White, administrator of Leonard Sadler, deceased, filed his bill in the circuit court of Jefferson county, against Francis W.-Drew and *494others, praying for the sale'of the lands of said Drew, “situate in the county of Jefferson, to satisfy debts secured by deeds of trust upon a part of said lands, and also judgment liens against said lands, which were alleged to belong to the estate of said decedent. Subsequently, and on the twenty-ninth day of October, 1867, such proceedings were had in said cause, that the cause was referred to a master…

2Cases cited5 opinions

  1. Bolgiano v. CookeCourt of Appeals of Maryland · 1863
  2. Forman v. HuntCourt of Appeals of Kentucky · 1835
  3. Kauffman v. WalkerCourt of Appeals of Maryland · 1856
  4. Busey v. HardinCourt of Appeals of Kentucky · 1842
  5. Roberts v. RobertsSupreme Court of Virginia · 1857

3Cited by37 opinions

  1. Camden v. MayhewSupreme Court of the United States · 1889
  2. Stewart v. StewartWest Virginia Supreme Court · 1885
  3. Haymond v. CamdenWest Virginia Supreme Court · 1883
  4. Marling v. RobrechtWest Virginia Supreme Court · 1878
  5. Sturgiss v. CorbinCourt of Appeals for the Fourth Circuit · 1905

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