Vanscoy v. Stinchcomb
West Virginia Supreme Court
Statement of the case by Gbeen, Judge : John Yanscoy in May, 1854, filed his hill in the Circuit Court of Barbour county setting out, that Thomas Stinch-comb and Isaac McOlasky entered into a contract for the exchange of one hundred and fifty acres of land in Ritchie county claimed by Stinchcomb, but which, it afterwards turned out, he had no title to either legal or equitable, for a tract of land 'of fifty-eight acres owned by McOlasky, to which he had a perfect title legal…
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Statement of the case by Gbeen, Judge : John Yanscoy in May, 1854, filed his hill in the Circuit Court of Barbour county setting out, that Thomas Stinch-comb and Isaac McOlasky entered into a contract for the exchange of one hundred and fifty acres of land in Ritchie county claimed by Stinchcomb, but which, it afterwards turned out, he had no title to either legal or equitable, for a tract of land 'of fifty-eight acres owned by McOlasky, to which he had a perfect title legal and equitable; and they agreed that each in the deed, he should make, would warrant the title of theland and covenant,…
1Opinion of the Court
GREEN, JUDGKE :
The counsel for the appellees asks, that the supersedeas granted to the judgment on the forthcoming bond may be *269quashed as improvidently awarded, insisting, that the judgment on the forthcoming bond is an original record, a proceeding at law and not in equity, as the previous proceedings were, out of which the proceedings on the forthcoming bond had arisen ; and that the proceedings on the forthcoming bond were the equivalent to an action of debt upon it, and, as the recovery was only $67.14, this Court has no jurisdiction to supervise, our jurisdiction being limited in such…
2Cases cited8 opinions
- Hill v. ProctorWest Virginia Supreme Court · 1877
- Fant v. MillerSupreme Court of Virginia · 1867
- Burlew v. QuarrierWest Virginia Supreme Court · 1880
- Banner v. MayWashington Supreme Court · 1891
- Zane v. FinkWest Virginia Supreme Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Bank v. BryanWest Virginia Supreme Court · 1913
- Colston v. MillerWest Virginia Supreme Court · 1904
- Whitehouse v. JonesWest Virginia Supreme Court · 1906
- Willhide v. BiggsWest Virginia Supreme Court · 1936
- Miller v. GillispieWest Virginia Supreme Court · 1903
13 more not listed; retrieve them via the Exa API.