Legal Opinion · Dissent

Collins v. Board of Trustees

West Virginia Supreme Court

Decided June 17, 1913Published

Appeal from Circuit Court, Randolph County. Bill by Creed Collins and others against the Board of Trustees of Davis & Elkins College and others. Decree for plaintiffs, and the Board of Trustees of Davis & Elki-ns College appeals.

1DissentWilliams, Judge

I think it is essential to determine whether the contract between the trustees and the Hobbs & Co., was recorded, in order to determine the rights of the appellees. If it was not a recordable paper, I admit that the simple act of spreading it upon the 'record by the clerk would not amount to a recordation. Raines v. Walker, 77 Va. 92; Abney v. Lumber Co., 45 W. Va. 446, 32 S. E. 256; Coal Co. v. Smith, 63 W. Va. 587.

It is contended that it was not recordable because it was not authenticated. I do not think authentication is necessary. There is nothing in the mechanics’ lien statute requiring…

2Cases cited5 opinions

  1. Abney v. Ohio Lumber & Mining Co.West Virginia Supreme Court · 1898
  2. Raines v. WalkerSupreme Court of Virginia · 1883
  3. Wagon Co. v. HuttonWest Virginia Supreme Court · 1903
  4. Hatfield v. HaubertWest Virginia Supreme Court · 1902
  5. South Penn Coal Co. v. SmithWest Virginia Supreme Court · 1908

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