Legal Opinion

Atherton v. Hull

West Virginia Supreme Court

Decided December 12, 1877PublishedCited by 2 opinions

An appeal granted upon the petition of Milton C. Atherton, to a decree of the circuit court of the county of Tucker, rendered at the March terra thereof, in the year 1869, in a cause in chancery then in said court pending, in which said Atherton and Samuel Woods were plaintiffs, and Beauchamp G. Hull and others were defendants.

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An appeal granted upon the petition of Milton C. Atherton, to a decree of the circuit court of the county of Tucker, rendered at the March terra thereof, in the year 1869, in a cause in chancery then in said court pending, in which said Atherton and Samuel Woods were plaintiffs, and Beauchamp G. Hull and others were defendants. The following statement of the case is furnished by JOHNSON, Judge : Milton C. Atherton and Samuel Woods, in the circuit court of Tucker county, filed their bill, which is in substance as follows: that on the 26th day of October 1858, one Beauchamp G. Hull and wife,…

1Opinion of the CourtJohnson, Judge

Could a suit in chancery be maintained for the purposes sought by the bill ?

Syl,atas ^ In Taylor v. Ficklin et al., 5 Mun. 25, it was held that “a man indebted by bond, executed a conveyance of all his property in trust, for payment of his just debts in the first place; for his own support during life in the second, and afterwards for the benefit of his wife, &c., and died without will, or property acquired after the date of such conveyance, and no person administered on his estate; that an assignee of the bond was not restricted to his remedy at law against the assignor, but without bringing…

2Cases cited1 opinion

  1. Thompson v. GovanSupreme Court of Virginia · 1853

3Cited by2 opinions

  1. Kuhn v. ShreeveWest Virginia Supreme Court · 1955
  2. Board of Financial Control for Buncombe County v. Union Property Co.Court of Appeals of Tennessee · 1937

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