Shanabarger v. Phares
West Virginia Supreme Court
Appeal from Circuit Court, Randolph County. Separate suits by W. L. Shanabarger and by Anna B. Shana-barger against C. H. Phares and- others, pending which the Tucker County Bank brought a suit against the same defendants. Causes heard together, and from a decree partly in favor of Tucker County Bank, plaintiffs W. L. Shanabarger and Anna B. Shanabarger separately appeal.
1Opinion of the Court
POEEENBARGER, JUDGE :
The single question arising on this appeal pertains to the status of a vendor’s lien securing payment of negotiable notes assigned before maturity, and providing for abatement or augmentation of the amounts of the notes, in the event of a deficiency in the land, in the one case, or an excess thereof in the other. The decree appealed from denies the vendee and his assigns the benefit of this provision, as against an endorsee of some of the notes, the court having held the land liable for the full amount represented by the notes, notwithstanding the existence of a very…
2Cases cited13 opinions
- Thorp v. MindemanWisconsin Supreme Court · 1904
- Chick v. WillettsSupreme Court of Kansas · 1864
- Brownlee v. ArnoldSupreme Court of Missouri · 1875
- Frost v. FisherColorado Court of Appeals · 1899
- Dollar Saving & Trust Co. v. CrawfordWest Virginia Supreme Court · 1911
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3Cited by7 opinions
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- Morton v. Rock Bottom Coal Co.West Virginia Supreme Court · 1922
- Williamson v. CraigSupreme Court of Iowa · 1927
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