Harvey v. Shipe
West Virginia Supreme Court
Appeal from Circuit Court, Cabell County. Suit by H. C. Harvey against William M. Shipe and others. Prom a decree for plaintiff, defendant S. J. Hyman appeals.
1Opinion of the Court
MilleR, Judge :
The property, a house and lot in Barboursville, Cabell County, Avhich plaintiff seeks to have sold to pay his judgment against defendant W. M. Shipe, is claimed by defendant and appellant, S. J. Hyman, by a deed dated May 1, 1912, executed to him by C. R. Wyatt, trustee.
The theory of the bill, predicated on the specific facts alleged, is that notwithstanding the absolute form of the deed from Wyatt, trustee, to Hyman, it in fact constituted but a mortgage to Hyman, for the repayment to him of a loan or advance to Shipe of three hundred -and seventy dollars, and that Shipe in…
2Cases cited11 opinions
- Vangilder v. HoffmanWest Virginia Supreme Court · 1883
- Davis v. DemmingWest Virginia Supreme Court · 1877
- Arbenz v. Wheeling & H. R. Co.West Virginia Supreme Court · 1889
- Wade v. McDougleWest Virginia Supreme Court · 1906
- Ruckman v. CoxWest Virginia Supreme Court · 1907
6 more not listed; retrieve them via the Exa API.