Collins v. Board of Trustees
West Virginia Supreme Court
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
- Abney v. Ohio Lumber & Mining Co.West Virginia Supreme Court · 1898
- Raines v. WalkerSupreme Court of Virginia · 1883
- Wagon Co. v. HuttonWest Virginia Supreme Court · 1903
- Hatfield v. HaubertWest Virginia Supreme Court · 1902
- South Penn Coal Co. v. SmithWest Virginia Supreme Court · 1908