McKendree v. Shelton

Brannon, Judge :

There were three suits in the circuit court of Cabell County, an action of debt by McKendree against Shelton and others, a chancery suit by McKendree against Shelton, and a chancery suit by Shelton against McKendree, and they were all referred to a commissioner to report upon the matters involved in them, and he made a report, in favor of McKendree, and the court, upon a jury being waived, tried the action at law, confirmed the report and rendered judgment for McKendree, from which judgment Shelton obtained a writ of error.

In this action of debt an order was made by consent…