Holt v. Williams
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court oí Kanawha county, in a cause in said court then pending, in which Thomas F. Holt was plaintiff, and Layton Williams and others were defendants granted on petition of said Holt. Hon. Joseph Smith, Judge of the Seventh Judicial Circuit,tendered the decree appealed from.
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Appeal from and supersedeas to a decree of the circuit court oí Kanawha county, in a cause in said court then pending, in which Thomas F. Holt was plaintiff, and Layton Williams and others were defendants granted on petition of said Holt. Hon. Joseph Smith, Judge of the Seventh Judicial Circuit,tendered the decree appealed from. Moore, Judge, furnishes the following statement of the case: By trust deed, dated 13th April, 1875 Thomas F. Holt and Fanny, his wife, conveyed to S. A. Miller, trustee, a tract of land in Kanawha county, to secure the payment of a bond for $ 1,111.80, with interest…
1Opinion of the CourtMoore, Judge
The Court is of opinion, that under the principles decided in the case of Joseph Spiedel & Co. v. Schlosser et al., at this term, that as to the trust debt, the declaration of homestead was not made and recorded in time to give the appellants the right to claim, the benefit of homestead as against said debt, either under the act of December 20, 1876, or or under the act of March 2, 1877; and therefore the Court did not err in dissolving the injunction. The order dissolving the injunction should be affirmed with costs.
GREEN, PRESIDENT, AND HAYMOND, CONCURRED.
2Cited by5 opinions
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