Burley v. Weller
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of Marshall county, rendered on the 8th day of August, 1877,in a cause in said court then pending, wherein James L. Burley was plaintiff, and George W. Weller and another were defendants, granted on the petition of the said Burley. Hon. Thayer Melvin, judge of the first judicial circuit, rendered the decree appealed from.
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Appeal from and supersedeas to a decree of the circuit court of Marshall county, rendered on the 8th day of August, 1877,in a cause in said court then pending, wherein James L. Burley was plaintiff, and George W. Weller and another were defendants, granted on the petition of the said Burley. Hon. Thayer Melvin, judge of the first judicial circuit, rendered the decree appealed from. The facts of the case sufficiently appear in the opinion of the court. relied on the following authorities: Story’s EcpPl. §§473, 474; Code, oh. 130, §23; Code ch. 74, §§5, 8, 10; 4 Eand. 212; 2 Lom. Dig. 489; 44…
1Opinion of the CourtHaymond, Judge
This is a bill in equity with injunction filed by the plaintiff against George W". Weller and J. Dallas Ewing. The plaintiff in his bill alleges substantially, that on the 18th day of December, 1868, he purchased from T..M. Walker and wife, by deed of that date, a tract of land situate in Marshall county in this State, containing one hundred and seventy-two acres on Fish creek and Bore-man ; and he states the boundaries thereof specifically, being the same land, as plaintiff alleges, conveyed to T. M. Walker by Joshua and Samuel Godard ; all of which, he says, “will more fully appear, by the…
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