Cunningham v. Ward
West Virginia Supreme Court
Statement of the case by GREEN, Judge : This was a suit in chancery, instituted in the Circuit Court of Roane county by the filing of a bill praying, among other things, the awarding of an injunction against the defendant, A. JB. Wells, trustee, from proceeding to make sale of the land in the bill mentioned.
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Statement of the case by GREEN, Judge : This was a suit in chancery, instituted in the Circuit Court of Roane county by the filing of a bill praying, among other things, the awarding of an injunction against the defendant, A. JB. Wells, trustee, from proceeding to make sale of the land in the bill mentioned. The bill was filed in open court on March 25, 1885, and the injunction asked was awarded as prayed for in the bill, which was sworn to by the plaintiff, P. G. Cunningham. The bond, with approved security in the penalty of $200.00, the amount fixed by the court, was at once given; and the…
1Opinion of the Court
Geeen, Judge :
The first inquiry presented by this record is: Did the court below err in overruling the demurrer to the plaintiff’s bill by its decree of March 31,1886 ? There can be no question but that the personal property of a partnership could not be subjected to the satisfaction of the individual debts of one of the partners, until the satisfaction of all the debts qf the partnership, including any debt or debts due to any other-member of such partnership. It is also well settled that if real estate be purchased with partnership funcls for partnership purposes, and used as partnership…
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