Matheney v. Sandford
West Virginia Supreme Court
Green, Judge, furnishes the following statement of the case: in August, 1881, Wm. H. Matheney of Jackson county in this State owned a tract of land of 259 acres in said county, on which he lived. He was very much embarrassed, and there were liens on his land in the form oi numerous judgments and a deed of trust, which amounted in the aggregate to $1,808.62. And as this tract of land was to be sold in a short time, Wm.
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Green, Judge, furnishes the following statement of the case: in August, 1881, Wm. H. Matheney of Jackson county in this State owned a tract of land of 259 acres in said county, on which he lived. He was very much embarrassed, and there were liens on his land in the form oi numerous judgments and a deed of trust, which amounted in the aggregate to $1,808.62. And as this tract of land was to be sold in a short time, Wm. H. Matheney applied to John A. Plunder of Marietta Ohio, who was an agent of John P. Sandford, who lives in the country in the State of Ohio a few miles from Marietta, for a…
1Opinion of the Court
Green, Judge:
The first question arising on the record is : Was the deed of August 17, 1883, executed by Wm. H. Matheney and wife to John P. Sandford conveying a tract of land in Jackson county, West Virginia in consideration of a debt due from the grantor to the grantee, amounting principle, interest and costs to about $2,400.00 though absolute on its face really and in fact a mortagage to secure this debt? This Court has decided that “if the proof offered to establish, that a deed absolute on its face was intended to secure a loan of money and was therefore a mortgage, consists only of the…
2Cases cited11 opinions
- Michoud v. GirodSupreme Court of the United States · 1846
- Newcomb v. BrooksWest Virginia Supreme Court · 1879
- Pierce v. RobinsonCalifornia Supreme Court · 1859
- Vangilder v. HoffmanWest Virginia Supreme Court · 1883
- Davis v. DemmingWest Virginia Supreme Court · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Sadler v. TaylorWest Virginia Supreme Court · 1901
- Liskey v. SnyderWest Virginia Supreme Court · 1904
- Kerr v. HillWest Virginia Supreme Court · 1886
- Thacker v. MorrisWest Virginia Supreme Court · 1902
- Fridley v. SomervilleWest Virginia Supreme Court · 1906
2 more not listed; retrieve them via the Exa API.