McCartney v. Bolyard
West Virginia Supreme Court
Woods, Judge, furnishes the following statement of the case : At February rules, 1882, Adam Bolyard and his wife (Sophia) Suffiah filed their bill in the circuit court of Taylor county against Mary Bolyard and her husband, Alexander Bolyard, alleging that by deed dated the 28th of December, 1880, they conveyed to the female defendant, then Mary Funk, then unmarried to said Alexander Bolyard, all of their real estate, which consisted of a farm of one hundred and seven acres…
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Woods, Judge, furnishes the following statement of the case : At February rules, 1882, Adam Bolyard and his wife (Sophia) Suffiah filed their bill in the circuit court of Taylor county against Mary Bolyard and her husband, Alexander Bolyard, alleging that by deed dated the 28th of December, 1880, they conveyed to the female defendant, then Mary Funk, then unmarried to said Alexander Bolyard, all of their real estate, which consisted of a farm of one hundred and seven acres in said county, and also all their personal property, consisting of two horses, three cows, two heifers, eight sheep and…
1Opinion of the Court
Woods, Judge:
The plaintiffs have neither alleged nor attempted to prove any other ground for a cancellation of the deed, or the rescission' of the agreement, than that the consideration thereof going to the plaintiffs has wholly failed, by the failure and refusal of .the defendants to maintain and support them on the farm in the manner provided for in said contract. As every allegation of the bill looking in that direction is explicitly denied by the answer, the burden of proof to support these allegations of the bill rests upon the plaintiffs. The depositions of the plaintiffs themselves,…
2Cited by5 opinions
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