Legal Opinion

Shrader v. Gardner

West Virginia Supreme Court

Decided April 23, 1912PublishedCited by 8 opinions

Appeal from Circuit Court, Hancock County. Bill by John Shrader against William P. Gardner and others. Decree for defendants, and plaintiff appeals.

1Opinion of the Court

Brannon, President:

William P. Gardner made a deed conveying to James E. McDonald certain land in Hancock county. In this deed we find a clause reading as follows: “Subject however to a pipe line lease to the Ohio Valley Gas Company and Ruth M. Croxall which said second party assumes and receives all benefits and rentals derived therefrom.” At the time of the execution of that deed McDonald made a deed of trust conveying the same land to William Croxall to secure to Gardner payment of $7,500, a part of the purchase money which McDonald agreed to pay Gardner for the land. Later McDonald…

2Cases cited2 opinions

  1. Hurxthal v. Boom Co.West Virginia Supreme Court · 1903
  2. Cleaver v. MatthewsSupreme Court of Virginia · 1887

3Cited by8 opinions

  1. Williams v. MagouirkCourt of Appeals of Texas · 1921
  2. Arkansas Fuel Oil Co. v. McDowellSupreme Court of Oklahoma · 1926
  3. Sacks v. TheodoreSupreme Court of Virginia · 1923
  4. Villers v. WilsonWest Virginia Supreme Court · 1983
  5. Bennett v. WeisSupreme Court of Arkansas · 1943

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