Morris's Admr. v. Peyton's Admr.
West Virginia Supreme Court
Statement of the cage by Green, Judge : On the Bd day of February, 1882, there were pending in the Circuit Court of Kanawha- county three chancery suits brought against the heirs of W. M. Peyton and others — one by Madison Morris, administrator, — one by Augustus Pack —and the third by William- Smoot’s administrator. The object of the first of these suits was to subject certain real estate of W. M. Peyton, deceased, to sale to satisfy a vendor’s lien thereon.
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Statement of the cage by Green, Judge : On the Bd day of February, 1882, there were pending in the Circuit Court of Kanawha- county three chancery suits brought against the heirs of W. M. Peyton and others — one by Madison Morris, administrator, — one by Augustus Pack —and the third by William- Smoot’s administrator. The object of the first of these suits was to subject certain real estate of W. M. Peyton, deceased, to sale to satisfy a vendor’s lien thereon. The bill was demurred to, and a motion was made to have the cause consolidated with the other two causes above named. Tlie court…
1Opinion of the Court
GREEN, JtTD&E :
The first inquiry is : What is the character of the decree of February 3,1882, which has been copied at length in the statement of this case ? Of course its . character can only be determined by what is set out on the face of the decree. Though the depositions, taken several years after this decree was entered, show clearly, that it was intended as a consent-decree, all of the terms and provisions in it being the result of a compromise among the parties to the three suits, in which the decree was entered, or their counsel, yet it is obvious on the face of the decree as entered,…
2Cases cited4 opinions
- Manion v. FahyWest Virginia Supreme Court · 1877
- Watson v. WiggintonWest Virginia Supreme Court · 1886
- Lester v. MathewsSupreme Court of Georgia · 1877
- Gaus v. KammerWest Virginia Supreme Court · 1876
3Cited by21 opinions
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- Dwight v. HazlettWest Virginia Supreme Court · 1929
- Renick v. RenickCourt of Appeals of Kentucky (pre-1976) · 1933
- Karnes v. BlackCourt of Appeals of Kentucky · 1919
- Stites v. McGeeOregon Supreme Court · 1900
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