Sturm v. Parish
West Virginia Supreme Court
Rickard Parish brought a bill on the chancery side of the circuit court of Marion county, at the December rules, 1852, stating that about the 15th day of March, 1851, he purchased of one George Doions a tavern stand and lot of ground in Worthington, Marion county, for the price of 1400 dollars; 900 dollars whereof he paid in cash, and executed bonds for the payment of the residue as follows: 200 dollars due April 1st, 1852, 200 dollars April 1st, 1858, and 100 dollars April…
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Rickard Parish brought a bill on the chancery side of the circuit court of Marion county, at the December rules, 1852, stating that about the 15th day of March, 1851, he purchased of one George Doions a tavern stand and lot of ground in Worthington, Marion county, for the price of 1400 dollars; 900 dollars whereof he paid in cash, and executed bonds for the payment of the residue as follows: 200 dollars due April 1st, 1852, 200 dollars April 1st, 1858, and 100 dollars April 1st, 1854; that Doions gave him a title bond binding himself to make a deed with covenants of general warranty against…
1Opinion of the Court
Berkshire, President,
delivered the opinion of the court.
The only error complained of by the appellant, is that of the final decree which requires him to refund and pay to the appellee, Parish, the sum of 212 dollars and 13 cents, with interest from the 20th of February, 1855, it being the residue of the purchase money due the ajopellant from the appellee Downs, which Parish had on that day paid to the appellant.
At the time of the payment, it appears that both Parish and Sturm knew that Downs had previously sold the residue of the premises in controversy to the appellees Patton and Sharp; and…
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