Smith v. Patton
West Virginia Supreme Court
Upon the petition of Robert Patton and wife, an appeal from, and supersedeas to, several decrees of the circuit court of Kanawha county, rendered in a cause in which Nicholas Smith and wife were plaintiffs, and said Patton and wife, and Albert G. Pendleton, were defendants,were allowed by the court: The following statement of the case is furnished by GREEN, PRESIDENT.
Read the full summary
Upon the petition of Robert Patton and wife, an appeal from, and supersedeas to, several decrees of the circuit court of Kanawha county, rendered in a cause in which Nicholas Smith and wife were plaintiffs, and said Patton and wife, and Albert G. Pendleton, were defendants,were allowed by the court: The following statement of the case is furnished by GREEN, PRESIDENT. Nicholas Smith and Eliza P. Smith, his wife, filed their bill in thecircuit court of Kanawha county, against Robert Patton and Nancy, his wife, and Albert G. Pendleton. The bill alleged that in October, 1868, Nicholas Smith and…
1Opinion of the Court
Green, President,
delivered the opinion of the Court:
The principal question presented by the record is, did the plaintiff, Nicholas Smith, have a lien on any of the *552real estate of Robert Patton, and if so, on what real estate, what was the nature and character of this lien, and what debts did it include. The plaintiffs in their bill, claim this lien on two distinct grounds. One because the transactions alleged, gave rise to a resulting trust upon the Capehart farm in favor of N. Smith; and the other, that under the contract of April 23, 1870, an implied lien arose in favor of Mrs. E. P. Smith.…
2Cases cited1 opinion
- Feamster v. WithrowWest Virginia Supreme Court · 1876
3Cited by23 opinions
- Wellsburg & State Line Railroad v. Pan Handle Traction Co.West Virginia Supreme Court · 1904
- Thurber. Whyland & Co. v. LaRoqueSupreme Court of North Carolina · 1890
- Morrow v. MatthewIdaho Supreme Court · 1904
- Foley v. RuleyWest Virginia Supreme Court · 1897
- Deck v. TablerWest Virginia Supreme Court · 1895
18 more not listed; retrieve them via the Exa API.