Legal Opinion

Jones v. Smith

West Virginia Supreme Court

Decided April 16, 1918Published

Appeal from Circuit Court, Doddridge County. Suit by James F. Jones, against Martha J. Smith. Decree for plaintiff, and defendant appeals.

1Opinion of the Court

Miller, Judge:

Defendant has appealed from the decree below adjudging that the deed or grant of March, 1897, made by plaintiff to her, for the one sixteenth interest of all the oil and gas under a tract of thirty and one sixteenth acres of land in Doddridge County, is a usurious contract, and that the property purporting to be conveyed thereby without other consideration was in excess of the legal rate of interest paid for a loan by defendant to plaintiff, and which loan with its legal rate of interest had been fully paid off and discharged, and further adjudging and decreeing that said deed…

2Cases cited5 opinions

  1. Wallace v. Elm Grove Coal Co.West Virginia Supreme Court · 1905
  2. Jackson v. KittleWest Virginia Supreme Court · 1890
  3. Horse Creek Coal Land Co. v. TreesWest Virginia Supreme Court · 1915
  4. Harr v. ShafferWest Virginia Supreme Court · 1898
  5. Roberts v. GruberWest Virginia Supreme Court · 1914

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