Legal Opinion

Talley v. Ferguson

West Virginia Supreme Court

Decided September 11, 1908PublishedCited by 6 opinions

Appeal from Circuit Court, Kanawha County. Bill by William N. Talley and others against James II. Ferguson, trustee and others. Decree for plaintiffs, and Vicie Highbert, administratrix, appeals.

1Opinion of the Court

Robinson, Judge:

The decree appealed from set asido and declared null and void a deed of trust and perpetually enjoined and restrained the trustee and beneficiary from enforcing the same. The land covered by the deed of trust was a valuable tract on the west side of the Kanawha, in the county of that name, and below and near the mouth of Coal. It had been conveyed, by deed dated April 20, 1861, by Rachael M. Tompkins and her children to Henry P. Tompkins, trustee, that deed reciting that the said Rachael M. Tompkins, the mother of Beverly Tompkins, and his brothers and sisters, the grantors…

2Cases cited2 opinions

  1. Wills v. FoltzWest Virginia Supreme Court · 1907
  2. Fitzpatrick v. FitzpatrickSupreme Court of Virginia · 1902

3Cited by6 opinions

  1. Hughes v. JacksonTexas Supreme Court · 1935
  2. Waggy v. WaggyWest Virginia Supreme Court · 1915
  3. Hoffman v. BeltzhooverWest Virginia Supreme Court · 1912
  4. Price v. PriceWest Virginia Supreme Court · 1910
  5. Evans v. OckershausenCourt of Appeals for the D.C. Circuit · 1938

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