Legal Opinion

Broyles v. Bee

West Virginia Supreme Court

Decided November 5, 1881PublishedCited by 5 opinions

Appeal from and supersedeas to a decree of the circuit court of the county oí Mercer, rendered on the 80th day of October, 1879, in a cause in said court then pending, wherein Washington Broyles and Calvin Harry were plaintiffs, and Isaiah Bee and others were defendants, allowed upon the petition of said Bee. Hon. Evermont Ward, judge of the ninth judicial circuit, rendered the decree appealed from.

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Appeal from and supersedeas to a decree of the circuit court of the county oí Mercer, rendered on the 80th day of October, 1879, in a cause in said court then pending, wherein Washington Broyles and Calvin Harry were plaintiffs, and Isaiah Bee and others were defendants, allowed upon the petition of said Bee. Hon. Evermont Ward, judge of the ninth judicial circuit, rendered the decree appealed from. The facts of the case are fully stated in the opinion of the Court: relied upon the following authorities: 3 Cow. 518 ; 6 Johns. Chy. Ill; 8 Leigh. 675, 676 ; 10 W. Ya. 677; Eawle Cov. for Title…

1Opinion of the Court

JohjsSON, PRESIDENT,

announced the opinion of the Court:

In September, 1879, Broyles & Harry, the plaintiffs, filed a bill in equity in the circuit court of Mercer county, to compel the specific performance by Bee, the defendant, of a contract of purchase of a tract of land. The title-bond executed to said Bee by the plaintiffs, and which was made an exhibit with the bill, provided as follows: “The said Broyles & Harry bind themselves to give said Bee possession of said *516premises on or before the 1st day of March next. Now if the said Broyles & Harry shall make the said Bee all the right and…

2Cases cited3 opinions

  1. Christian v. CabellSupreme Court of Virginia · 1872
  2. Bailey v. JamesSupreme Court of Virginia · 1854
  3. Dickinson v. SizerCourt of Appeals of Virginia · 1826

3Cited by5 opinions

  1. Spencer v. SanduskyWest Virginia Supreme Court · 1899
  2. Hanna v. WilsonSupreme Court of Virginia · 1846
  3. Hanna v. WilsonSupreme Court of Virginia · 1846
  4. Keller v. RoettingWest Virginia Supreme Court · 1914
  5. Hanna v. WilsonSupreme Court of Virginia · 1846

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