Wheeling Creek Gas Coal & Coke Co. v. Elder
U.S. Circuit Court for the District of Northern West Virginia
In Equity. On demurrers to amended bills. In August, 1890, Staggers procured from the farm owners contracts touching about 1.500 acres of the Pittsburg or River seam of coal with mining rights in Marshall county. \V. Ya. In these writings the same form was used in all, and they are practically identical, except as to names and descriptions of the lands. The material part of them is that the landowners “agree to sell and convey to II.
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In Equity. On demurrers to amended bills. In August, 1890, Staggers procured from the farm owners contracts touching about 1.500 acres of the Pittsburg or River seam of coal with mining rights in Marshall county. \V. Ya. In these writings the same form was used in all, and they are practically identical, except as to names and descriptions of the lands. The material part of them is that the landowners “agree to sell and convey to II. O. Staggers, party of the second part, his heirs and assigns, all the coal of Pittsburg or River vein” in and under the lands set forth and described, “with the…
1Opinion of the CourtDayton, District Judge
(after stating the facts as above). Were these causes properly removable to this court? 1 think so. The facts are very similar to those involved in Elkins v. Howell (C. C.) 1-10 Fed. 157, where, after careful consideration of the question, I held that:
‘Tn a suit by a purchaser to enforce specific performance of a contract for the sale of lands against the vendor and grantees, to whom lie conveyed the land subsequent to the contract with complainant, but before it was recorded, (here is a separate controversy with such grantees, involving their right to hold the land as against the…
2Cases cited7 opinions
- Waterman v. BanksSupreme Court of the United States · 1892
- Rease v. KittleWest Virginia Supreme Court · 1904
- Tibbs v. ZirkleWest Virginia Supreme Court · 1904
- Wingfield v. NeallWest Virginia Supreme Court · 1906
- Gas Co. v. ElderWest Virginia Supreme Court · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Jack I. Levant and May Levant v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1967
- Maedel v. WiesMichigan Supreme Court · 1944
- Hager v. New York Oil Co.District Court, W.D. Washington · 1927
- Wilson v. SeyboldDistrict Court, N.D. West Virginia · 1914
- Jack I. Levant and May Levant v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1967