Moore v. Smith
West Virginia Supreme Court
GREEN, Judge, furnishes the following statement of the case: At February rules 1883 B. JB\ Moore filed his bill in the circuit court of Ritchie county, in which he alleged, that some time in the spring ot 1879 George G. Moore and Mattie his wife sold to Jacob S. Smith a tract of land in Ritchie county containing sixt-two aci’es, and that all the purchase money tor said tract of land had been paid by said Smith except one deferred instalment of $150.00. A deed for said tract…
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GREEN, Judge, furnishes the following statement of the case: At February rules 1883 B. JB\ Moore filed his bill in the circuit court of Ritchie county, in which he alleged, that some time in the spring ot 1879 George G. Moore and Mattie his wife sold to Jacob S. Smith a tract of land in Ritchie county containing sixt-two aci’es, and that all the purchase money tor said tract of land had been paid by said Smith except one deferred instalment of $150.00. A deed for said tract of land was made by said Moore and delivered to Smith, on May 1, 1879; and on the face of this deed a vendor’s lien was…
1Opinion of the Court
Green, Judge:
ft will be observed from the statement of this case, that the record is in some respects defective; but, as no certiorari has been asked to bring up the omitted parts of the record, and there is enough before us to render a proper decree in this cause doing justice to all, we will at once decide it. The demurrer to the bill ivas properly overruled. The demurrer filed alleged as a cause of demurrer “that no proper exhibit *383was filed with the bill showing that the note” (it should have been called bond) “was executed or that Moore, the plaintifi, was the owner ot the same.” This…
2Cases cited1 opinion
- Pecks v. ChambersWest Virginia Supreme Court · 1875
3Cited by7 opinions
- Watson v. WiggintonWest Virginia Supreme Court · 1886
- Evans v. SpurginSupreme Court of Virginia · 1854
- Mitchell v. EvansWest Virginia Supreme Court · 1887
- Miller v. HawkerWest Virginia Supreme Court · 1920
- Tate v. VanceSupreme Court of Virginia · 1876
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