Legal Opinion

Floyd v. Jones

West Virginia Supreme Court

Decided April 8, 1882PublishedCited by 7 opinions

Appeal from and supersedeas to a judgment of the circuit court of the county of Marion, rendered on the 11th day of November, 1879, in a cause in said court then pending, wherein, Lucinda Floyd and Alpheus T. Hibbs were plaintiffs, and Amos Jones was defendant, allowed upon the petition of said plaintiffs. Hon. A. Brooks Fleming, judge of the second judicial circuit, rendered the judgment appealed from.

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Appeal from and supersedeas to a judgment of the circuit court of the county of Marion, rendered on the 11th day of November, 1879, in a cause in said court then pending, wherein, Lucinda Floyd and Alpheus T. Hibbs were plaintiffs, and Amos Jones was defendant, allowed upon the petition of said plaintiffs. Hon. A. Brooks Fleming, judge of the second judicial circuit, rendered the judgment appealed from. HaymoNd, Judge : During the special term of this Court held in the fall of 1881, this cause was the subject of examination and consideration of each member of the Court as then constituted, in…

1Opinion of the Court

Patton, .Judge :

“The bill charges, that the note in controversy was obtained by the appellee either by fraud, accident or mistake, and that the endorsement on said note purporting to be dated October 20,1877, is a falsification, and that it is not the original endorsement then made. Both of these charges are denied in the answer; and no proof whatever is offered tending to show, that either is true. The evidence in the case does show, that at the time the deeds were executed, appellee was present, and that' the distinct agreement was, that all the notes held by John N. Floyd on one of the…

2Cases cited2 opinions

  1. Baugher v. EichelbergerWest Virginia Supreme Court · 1877
  2. Jackson's Assignees v. CutrightSupreme Court of Virginia · 1817

3Cited by7 opinions

  1. Floyd v. DuffyWest Virginia Supreme Court · 1910
  2. Hooper v. HooperWest Virginia Supreme Court · 1889
  3. Bright v. KnightWest Virginia Supreme Court · 1891
  4. Cooper v. CooperWest Virginia Supreme Court · 1909
  5. McCormick v. JordonWest Virginia Supreme Court · 1909

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