Legal Opinion

Halfpenny v. Tate

West Virginia Supreme Court

Decided March 9, 1909PublishedCited by 6 opinions

Appeal from Circuit Court, Randolph. County. Bill by Halfpenny & Hamilton against Tate & McDevitt and •others. ' Decree for plaintiffs for less than the amount claimed as against Tate & McDevitt, and plaintiffs appeal.

1Opinion of the Court

Miller, President:

The object of the bill is to set aside as fraudulent and void, as against plaintiffs, the sale by Tate & McDevitt to G-. H. Gates & Co., and by Gates & Co; to 33. II. Stover, of about nine hun-*297drecl and fifty thousand feet of manufactured lumber, and to subject the same to the lien of plaintiffs attachment sued out in the cause, and levied thereon, and taken into custody by the sheriff. The lumber attached •was the same which, by prior contract in writing, dated November 26, 1906, Tate & McDevitt, had agreed to sell and deliver to plaintiffs, free on board cars at…

2Cases cited2 opinions

  1. Edgell v. SmithWest Virginia Supreme Court · 1901
  2. Hoffman v. FlemingWest Virginia Supreme Court · 1897

3Cited by6 opinions

  1. Finefrock v. Kenova Mine Car Co.Court of Appeals for the Fourth Circuit · 1927
  2. Rine v. ComptonWest Virginia Supreme Court · 1934
  3. State v. McGeeSupreme Court of Iowa · 1925
  4. Caflisch Lumber Co. v. Lake Lynn Lumber Co.West Virginia Supreme Court · 1938
  5. Schiffler v. KisselWest Virginia Supreme Court · 1927

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