Bailey v. Stroud
West Virginia Supreme Court
Woods, Judge, furnishes thé following statement of the case: This was a suit in equity brought at February rules, 1871, in the circuit court of Mercer county by the plaintiff Elizabeth Smith now the wife of Enos Bailey, against William ID. Stroud, Matthew Bolton and his wife Mary W. Bolton, and Jacob Trail, which was afterwards transferred to and heard by the circuit court of Summers county.
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Woods, Judge, furnishes thé following statement of the case: This was a suit in equity brought at February rules, 1871, in the circuit court of Mercer county by the plaintiff Elizabeth Smith now the wife of Enos Bailey, against William ID. Stroud, Matthew Bolton and his wife Mary W. Bolton, and Jacob Trail, which was afterwards transferred to and heard by the circuit court of Summers county. The material allegations of the bill were in substance, that said Matthew Bolton on December 15, 1862, sold to the defendant Stroud, a tract of land in Mercer county containing about 200 acres, and…
1Opinion of the Court
Woods, Jud&e :
The appellant has assigned the following errors :
First. — In not referring the cause to one of its commissioners to settle the accounts between the parties and ascertain the value of the Confederate $500.00 that were unpaid.
Second. — The court erred in fixing the value of the $500.00 at $850.00. There was no proof of the value of the land. The Confederate money was, according to the proof, not less than eighteen for one.
The Summers circuit court erred :
Third. — In permitting the amended hill of 1879 to be filed.
Fourth. — It was error to refer the cause to commissioner ’Peck.
Fifth…
2Cases cited3 opinions
- Simmons v. TrumboWest Virginia Supreme Court · 1876
- Bierne v. Brown's Adm'rWest Virginia Supreme Court · 1877
- Gilkeson v. SmithWest Virginia Supreme Court · 1879