Taylor v. Belville
West Virginia Supreme Court
Appeal from Circuit Court, Cabell Comity. Bill by C. B. Taylor against Samuel Bellville, trustee, and others. Decree for defendant, and plaintiff appeals.
1Opinion of the Court
Robín-son, Judge:
The bill sought an injunction against a sale of personal property under a deed of trust, on the ground that the property had been set apart as exempt from distress or levy. The injunction prayed for was awarded. Defendants demurred to the bill. The demurrer was sustained, the injunction dissolved, and the bill virtually dismissed by,striking the case from the docket. Plaintiff, appealing, says all this is erroneous.
That an injunction is a direct remedy to prevent the sale of exempted property cannot be questioned. A statute so prescribes. Code 1906, ch. 133, sec. 1. That a…
2Cases cited3 opinions
- Moran v. ClarkWest Virginia Supreme Court · 1887
- Speidel & Co. v. SchlosserWest Virginia Supreme Court · 1879
- Holt v. WilliamsWest Virginia Supreme Court · 1879
3Cited by6 opinions
- Hibner v. BelcherWest Virginia Supreme Court · 1934
- Town of Summersville Ex Rel. McCue v. CooperWest Virginia Supreme Court · 1942
- Parsons v. EvansSupreme Court of Oklahoma · 1914
- Hatfield Ex Rel. Rose v. CruiseWest Virginia Supreme Court · 1939
- State Ex Rel. Manns v. StatonWest Virginia Supreme Court · 1925
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