Baldenberg v. Warden
West Virginia Supreme Court
Appeal from and sicpersedeas to a decree of the circuit court of Baleigh county, rendered on the 27th day of April, 1875, in a cause in said court then pending, wherein Susan Baldenberg and others were plaintiffs, and Thomas Warden and David J. Warden and others were defendants, granted on the petition of said Thomas and David J. Warden. Hon. Evermont Ward, judge of the ninth judicial circuit, rendered the decree appealed from.
Read the full summary
Appeal from and sicpersedeas to a decree of the circuit court of Baleigh county, rendered on the 27th day of April, 1875, in a cause in said court then pending, wherein Susan Baldenberg and others were plaintiffs, and Thomas Warden and David J. Warden and others were defendants, granted on the petition of said Thomas and David J. Warden. Hon. Evermont Ward, judge of the ninth judicial circuit, rendered the decree appealed from. Joi-iNSON, Judge, furnishes the following statement of the ease. In February, 1872, Susan Balcleuberg in her own right, as widow of Hugh Warden, deceased, Alexander…
1Opinion of the CourtJoiiNSON, Judge
The first error assigned is, that the demurrer to the bill was overruled. I think the bill is sufficient. It shows, that on the faith of the promise of his father Hugh went on the land and made valuable improvements; that his lather had the land surveyed to him, and the plat was delivered to his son, before the valuable improvements were made.
It is objected, that the contract as alleged in the bill is not proved; and therefore there should have been no decree for specific performance.
It is true, that there is a material variance in the contract as alleged and that proved. It is strange, that…
2Cases cited4 opinions
- Western M. & M. Co. v. Virginia Cannel Coal Co.West Virginia Supreme Court · 1877
- Bradford v. President of the Union Bank of TennesseeSupreme Court of the United States · 1852
- Lessor of Fisher v. CockerellSupreme Court of the United States · 1831
- Patrick v. HortonWest Virginia Supreme Court · 1868
3Cited by7 opinions
- Gallagher v. GallagherWest Virginia Supreme Court · 1888
- Westfall v. CottrillsWest Virginia Supreme Court · 1884
- Steenrod's Adm'r v. W. P. & B. R. R.West Virginia Supreme Court · 1885
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Hanna v. WilsonSupreme Court of Virginia · 1846
2 more not listed; retrieve them via the Exa API.