Harrison v. Brewster
West Virginia Supreme Court
I.— Defendants should, have sought relief by fling a cross-bill, or an answer in the nature of a cross-bill. — Code, c. 125, s. 35, 57; 14 W. Va. 688; 23 W. Va. 760; 6 W. Va. 168; 10 W. Va. 35; 11 W. Va. 3S7; 17 VV.
Read the full summary
I.— Defendants should, have sought relief by fling a cross-bill, or an answer in the nature of a cross-bill. — Code, c. 125, s. 35, 57; 14 W. Va. 688; 23 W. Va. 760; 6 W. Va. 168; 10 W. Va. 35; 11 W. Va. 3S7; 17 VV. Va. 901. He must -pray for the relief in the answer. — 19 W. Va. 168; Id. 201; 21 W. Va. 234. No special replication allowed unless there is prayer for affirmative relief . — 28 W. Va. 113; 33 W. Va. 600. II. — Parol contract for sale of land, which court will enforce must be not only fair in its terms but must also be certain in its description of the property and of the estate…
1Opinion of the Court
Bent, Judge:
At the August rules, 1889, William Harrison, plaintiff, instituted his suit in chancery in the Circuit Court of McDowell county against the heirs of Henry Harrison,.deceased, and others, asking for the partition of certain lands among those entitled thereto. ,
The bill concedes that R. C. Brewster, one of the defend*295ants, is entitled to one eighth of the land sought to bo partitioned. R. C. 'Brewster dies his answer admitting- the allegations of the bill, and setting out inore fully his one-eighth interest joins in the prayer for the partition. Publication is taken against certain…
2Cases cited1 opinion
- Alleman v. Kight & Bro.West Virginia Supreme Court · 1881
3Cited by8 opinions
- Goff v. PriceWest Virginia Supreme Court · 1896
- Webb v. BaileyWest Virginia Supreme Court · 1895
- First National Bank of Webster Springs v. McGrawWest Virginia Supreme Court · 1919
- Evans v. SpurginSupreme Court of Virginia · 1854
- Wood v. West Virginia Mortgage & Discount Corp.West Virginia Supreme Court · 1925
3 more not listed; retrieve them via the Exa API.