Legal Opinion

Titchenell v. Jackson

West Virginia Supreme Court

Decided September 19, 1885PublishedCited by 20 opinions

GREEN, Judge, furnishes the following statement oí the ease: At the July rules, 1882, Michael S. Titchenell filed his bill in the circuit court of Preston county against Charles W. Jackson and Joseph Feather, in which he stated, that Charles W. Jackson had obtained a judgment in the circuit court of Preston against him and then instituted a chancery suit in said court to subject his farm of fifty acres in said county to the payment thereot, and obtained a decree ordering the…

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GREEN, Judge, furnishes the following statement oí the ease: At the July rules, 1882, Michael S. Titchenell filed his bill in the circuit court of Preston county against Charles W. Jackson and Joseph Feather, in which he stated, that Charles W. Jackson had obtained a judgment in the circuit court of Preston against him and then instituted a chancery suit in said court to subject his farm of fifty acres in said county to the payment thereot, and obtained a decree ordering the sale of said land to pay said debts and the costs of the chancery suit. The terms of sale were enough money in cash to…

1Opinion of the Court

Green, Judge:

The counsel for the appellants has argued this case, as though the question presented by the record was, whether a court of equity would specifically enforce the contract entered into by Joseph Feather with Michael S, Titchenell on September 6, 1880; and he argues, that it should not be specifically enforced, first, because it is not mutual; second, because it is too uncertain for specific enfoi'cement; third, because it should be regarded as nudum pactum there being no consideration on the part of Titchenell, and therefore it can not be specifically enforced in his favor; and…

2Cases cited2 opinions

  1. Troll v. CarterWest Virginia Supreme Court · 1879
  2. Vance v. EvansWest Virginia Supreme Court · 1877

3Cited by20 opinions

  1. Sult v. A. Hochstetter Oil Co.West Virginia Supreme Court · 1908
  2. Floyd v. DuffyWest Virginia Supreme Court · 1910
  3. Central Trust Co. v. Virginia Trust Co.West Virginia Supreme Court · 1938
  4. Watson v. WiggintonWest Virginia Supreme Court · 1886
  5. Scraggs v. HillWest Virginia Supreme Court · 1893

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