Ellison v. Torpin
West Virginia Supreme Court
Appeal from Circuit Court, Logan County. Action by J. B. Ellison ag-ainst Richard Torpin, Jr., and others. Judgment for plaintiff. Defendants appeal. . Affirmed by divided court. English and McWhorter, Judges, for affirming. English, Judge, prepared an opinion, in which McWhoeter, Judge, concurred and filed a note. Brannon, Judge, being of opinion that the decree should be reversed, prepared an opinion, in which Dent, Judge, concurred.
1Concurring in part, dissenting in part
Note by
McWhorter, Judge.
I have to dissent from the opinion of Judge Brannon handed down in this case, and concur with the conclusion of Judge English, and add the following note :
The title bond from Perry A. Cline and Jacob Cline to Anderson .Hatfield, dated August 24, 1869, which is relied upon by the appellants, since the filing of the amended answer, for their title to the Jacob Cline half interest, was witnessed by two witnesses, and was a recordable instrument under our statutes, and the evidence shows no reason for not recording the same. The record shows, by the affidavits of the…
Also in this document: Concurrence.
2Cases cited31 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Kirby v. TallmadgeSupreme Court of the United States · 1896
- United States v. California & Oregon Land Co.Supreme Court of the United States · 1893
- May v. Le ClaireSupreme Court of the United States · 1871
- Moelle v. SherwoodSupreme Court of the United States · 1893
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