Dishman v. Jarrell

Harshbarger, Justice:

The Dishmans appeal the Wayne County Circuit Court’s dismissal of their complaint for failure to state a claim upon which relief can be granted, West Virginia Rules of Civil Procedure, 12(b)(6).

Their complaint alleges that they bought 1.85 acres of real estate for $12,600 on November 6, 1972, and executed a deed of trust to Wayne County Bank for $4,550— that trust deed is now owned by Clifford Hatten. In late 1974 or early 1975, plaintiffs borrowed $1,000 at 6% interest from Jarrell, secured by a conveyance of the real estate by a deed dated February 17, 1975. They…