Donahue v. Fackler
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of the county of Putnam, rendered on the 7th day of November, 1879, in a chancery cause in said court then pending, wherein Thomas M. Donahue and others were plaintiffs, and and Wiley Faekler and others were defendants, allowed upon the petition of Francis J. Gray. lion. Joseph Smith, judge of the seventh judicial circuit, rendered the decree appealed from.
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Appeal from and supersedeas to a decree of the circuit court of the county of Putnam, rendered on the 7th day of November, 1879, in a chancery cause in said court then pending, wherein Thomas M. Donahue and others were plaintiffs, and and Wiley Faekler and others were defendants, allowed upon the petition of Francis J. Gray. lion. Joseph Smith, judge of the seventh judicial circuit, rendered the decree appealed from. SNYder, Judge, furnishes the following statement of the case: Thomas M. Dunahue and others instituted this suit in the circuit court of Putnum county in August, 1858. In its…
1Judgment of the CourtSnyder, Judge
The essential enquiry in the case is, whether the payments made by, James M. Gray to Parks and Hoge are valid payments ? The appellant admits that the sale until confirmed was an incomplete contract, a mere offer to purchase, but she claims, and cites authorities which fully sustain the position, that when a judicial sale is confirmed by the court such confirmation relates to and vests the title of the land in the purchaser from the date of the sale — Taylor v. Cooper, 10 Leigh 317; Evans v. Spurgin, 6 Gratt. 107; Hyman, Moses & Co. v. Smith, 13 W. Va. 744, 767. And as a conclusion from this,…
2Cases cited6 opinions
- Wiley v. MahoodWest Virginia Supreme Court · 1877
- Blair v. CoreWest Virginia Supreme Court · 1882
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- Yoakum v. TildenWest Virginia Supreme Court · 1869
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3Cited by13 opinions
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- Eakin v. EakinWest Virginia Supreme Court · 1919
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