Legal Opinion

Cunningham v. Brown

West Virginia Supreme Court

Decided December 1, 1894PublishedCited by 19 opinions

cited Code, c. 29, s. 35 ; Acts 1881 c. 161; Acts 1882 c. 161; Code, c. 29, s. 8, 84; Code, c. 28, s. 13 ; Acts 1882, c. 32, s. 4, 8; Code, c. 30, s. 18; Code, c. 31, s. 25. I. — Title obtained under tax-deed. — Code, c. 31, s. 25. II.— That there, toas personalty on land sold for taxes will not defeat tax-title, if no levy was made. — 26 ~W. Ya. 709. III. — Owner has a right to pay taxes, even if land not on land-hooks. — Code, c. 29, s. 39; Code, c. 31, s. 27; 18 W. Ya.…

Read the full summary

cited Code, c. 29, s. 35 ; Acts 1881 c. 161; Acts 1882 c. 161; Code, c. 29, s. 8, 84; Code, c. 28, s. 13 ; Acts 1882, c. 32, s. 4, 8; Code, c. 30, s. 18; Code, c. 31, s. 25. I. — Title obtained under tax-deed. — Code, c. 31, s. 25. II.— That there, toas personalty on land sold for taxes will not defeat tax-title, if no levy was made. — 26 ~W. Ya. 709. III. — Owner has a right to pay taxes, even if land not on land-hooks. — Code, c. 29, s. 39; Code, c. 31, s. 27; 18 W. Ya. 598. IY. — Apart owner who is not in default as to his taxes, on his separate part, owes no duty to the owner of the other…

1Opinion of the Court

Holt, 'Judge:

This is a suit in equity, brought in the Circuit Court of Preston county in June, 1891, by Thomas Cunningham and others against James A. Brown, contesting the validity of Brown’s purchase of a certaiu tract of land sold by the sheriff as delinquent for taxes on November 24, 1885, and praying that the tax-deed made to him by the clerk bf the County Court on the 11th day of March, 1887, might be set aside as null and void. Evidently the purpose was to have the ease finally decided on demurrer without expense. One demurrer being sustained, an amended bill was filed ; and, this being…

2Cases cited17 opinions

  1. Hays v. HeatherlyWest Virginia Supreme Court · 1892
  2. Jones v. DilsWest Virginia Supreme Court · 1881
  3. Williamson v. RussellWest Virginia Supreme Court · 1881
  4. Lefferts v. Board of SupervisorsWisconsin Supreme Court · 1867
  5. Slater v. MaxwellSupreme Court of the United States · 1868

12 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Boggess v. ScottWest Virginia Supreme Court · 1900
  2. Sayers v. BurkhardtCourt of Appeals for the Fourth Circuit · 1898
  3. Mosser v. MooreWest Virginia Supreme Court · 1904
  4. Collins v. RegerWest Virginia Supreme Court · 1907
  5. Bailey v. BakerWest Virginia Supreme Court · 1952

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API