Renick v. Ludington
West Virginia Supreme Court
Appeal from certain decrees of the circuit court of Greenbrier county, pronounced, one on the 21st day of June, 1876, and two on the 25th day of June, 1877, in a cause in said court then pending, wherein B. F. Benick was plaintiff and S. C. Ludington and others were defendants, allowed on the petition of the said defendants. Hon. Homer A. Holt, judge of the eighth judicial circuit, pronounced the decrees appealed from.
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Appeal from certain decrees of the circuit court of Greenbrier county, pronounced, one on the 21st day of June, 1876, and two on the 25th day of June, 1877, in a cause in said court then pending, wherein B. F. Benick was plaintiff and S. C. Ludington and others were defendants, allowed on the petition of the said defendants. Hon. Homer A. Holt, judge of the eighth judicial circuit, pronounced the decrees appealed from. JOHNSON, Judge, furnishes the following statement of the case: B. F, Benick in September, 1874, instituted a chancery suit in the circuit court of Greenbrier county; against S.…
1Opinion of the CourtJohnson, Judge
It is first insisted, that the court erred in its decree, declaring, that the undocketed senior judgments of Flesh-man and McPherson should be paid out of the proceeds of the sale of the unsold lands of the defendant, Luding-ton, to the prejudice of the appellants, who were purchasers of land from said Ludington without notice of said judgments.
The question here presented is: Where a man owns a tract, or several tracts of land, and judgments are recovered against him, and the senior judgments are docketed, and the junior judgments undocketed, and the owner of the lands sells a portion thereof…
2Cases cited2 opinions
- Borst v. NalleSupreme Court of Virginia · 1877
- Page v. BensonIllinois Supreme Court · 1859
3Cited by14 opinions
- Goff v. GoffWest Virginia Supreme Court · 1906
- Isaacs v. IsaacsSupreme Court of Virginia · 1915
- Renick v. LudingtonWest Virginia Supreme Court · 1882
- McClaskey v. O'BrienWest Virginia Supreme Court · 1879
- Duncan, Ford & Elder v. CustardWest Virginia Supreme Court · 1884
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