Hudson v. Putney
West Virginia Supreme Court
Appeal from and supersedeas to a decree of tlie circuit court of Kanawha county, rendered on the 12th day of October, 1874, in a cause in said court then pending, in which John Hudson and others were plaintiffs, and James Putney and others were defendants, allowed on the petition of said plaintiffs. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decree complained of.
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Appeal from and supersedeas to a decree of tlie circuit court of Kanawha county, rendered on the 12th day of October, 1874, in a cause in said court then pending, in which John Hudson and others were plaintiffs, and James Putney and others were defendants, allowed on the petition of said plaintiffs. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decree complained of. GreeN, PRESIDENT, furnishes the following statement of the case: N In July, 1868, John Hudson, Joseph Hudson, Enoch Hudson and Matthew Hudson, the appellants, brought a suit in chancery in the circuit…
1Opinion of the Court
GjbeeN, PjresideNT,
delivered the opinion of the Court: •
The counsel for the appellants insist, that the plaintiffs have no interest in the seventy and three-fourths acres of Syllabus 1. land, and that if they had, this suit cannot be maintained^ as the defendants in their answer deny, that the plaintiffs or any one else other than themselves, have any such interest, and expressly disclaiming the existence of a tenancy in common claim to hold this land independently and adversely.
Upon the principles on which a court of equity acts it cannot undertake to settle the title to lands between…
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