Boggess' Heirs v. Robinson's Heirs
West Virginia Supreme Court
Suit in chancery by Thomas Robinson, ancestor of appel-lees, against Caleb Boggess, ancestor of appellants, commenced on the 8th day of April, 1851, in the circuit court of Harrison county. At May rules, 1851, plaintiff filed his bill against defendant.
Read the full summary
Suit in chancery by Thomas Robinson, ancestor of appel-lees, against Caleb Boggess, ancestor of appellants, commenced on the 8th day of April, 1851, in the circuit court of Harrison county. At May rules, 1851, plaintiff filed his bill against defendant. The bill alleged that about the year 1837, plaintiff was the owner of certain interests in the estate of one Benjamin Robinson, deceased, and the defendant was the owner of certain other interests in the same ; that defendant and wife brought a suit and obtained a decree for the sale of the lands of said deceased; that pending this suit…
1Opinion of the CourtMaxwell, J.
The contract set up in the bill is sufficiently definite, and appears to be substantially proved as alleged.
In respect to the point made that there is a decree against Fernando A. Robinson when he is no party to the bill, this is an error that might have been corrected in the court below -on motion, and may now be corrected here.
The point that there is error because the decree does not direct specially whether a general or special warranty deed should be made, is not well taken. The defendants can only be required to make a deed with special warranty, and the language of the decree cannot be…
2Cited by6 opinions
- Ward v. BrownWest Virginia Supreme Court · 1903
- King v. BurdettWest Virginia Supreme Court · 1878
- Franklin v. GehoWest Virginia Supreme Court · 1887
- Jones v. CunninghamWest Virginia Supreme Court · 1874
- Evans v. SpurginSupreme Court of Virginia · 1854
1 more not listed; retrieve them via the Exa API.