Bond v. Priest
West Virginia Supreme Court
Error to Circuit Court, Lewis County. Action by Jane H. Bond and others against Emma E. Priest. Judgment for plaintiffs, and defendant brings error.
1Opinion of the Court
POEFENBARGER, JtTDGE :
The judgment for $236.17, for a share of rentals or delay monejr, paid under a lease of a tract of land for oil and gas purposes, of which complaint is made on this writ of error, was rendered by the court on its own finding, in an action of assumpsit, trial by jury having been waived.
The declaration, to which and each count thereof a demurrer was interposed, admits, in its special count, lack or title to rentals eo nominee, but sets up a claim to a share of the rentals in lieu df damages or injury resulting from a breach of an alleged implied covenant in a deed, as an…
2Cases cited7 opinions
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Fort Scott v. HickmanSupreme Court of the United States · 1884
- Allen v. St. Louis BankSupreme Court of the United States · 1887
- Edmonston v. . McLoudNew York Court of Appeals · 1858
- Hendrickson v. . City of New YorkNew York Court of Appeals · 1899
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