Legal Opinion

Shank v. Groff

West Virginia Supreme Court

Decided December 7, 1898PublishedCited by 19 opinions

Appeal from Circuit Court, Grant County. Bill bySamuelB. Shank against Samuel Groff andothers. A decree was rendered, from which defendant Given appeals.

1Opinion of the Court

Brannon, President:

This case was once before in this Court. 43 W. Va. 337, (27 S. E. 340). The bill claimed that a deed, absolute on its face, was in fact but a mortgage, and it sougnt to compel the parties claiming under that deed to so treat it, and allow a redemption of such mortgage. This Court decided that it was a mortgage, and directed that a redemption be allowed. When the case went back, it was referred to a commissioner to report the proper sum “to be paid in such redemption,” and his report fixed a sum which excluded interest for some years, because of a tender which Shank claimed…

2Cases cited3 opinions

  1. Gilkeson v. SmithWest Virginia Supreme Court · 1879
  2. Thompson v. LyonWest Virginia Supreme Court · 1894
  3. Shank v. GroffWest Virginia Supreme Court · 1897

3Cited by19 opinions

  1. Carroll v. FettyWest Virginia Supreme Court · 1939
  2. Rogers v. Bass & Harbour Co.Supreme Court of Oklahoma · 1917
  3. Willey v. Travelers Indemnity CompanyWest Virginia Supreme Court · 1972
  4. Morton v. Godfrey L. Cabot, Inc.West Virginia Supreme Court · 1949
  5. Cresap v. BrownWest Virginia Supreme Court · 1918

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