Harper v. Harvey
West Virginia Supreme Court
The complainants filed their bill in the circuit court of Tucker county, in August, 1859, to- enforce judgment liens against the defendant, William J. Harper. By consent the cause was transferred to Randolph county, and a decree was rendered in November, 1859, providing for a sale of the lands of the defendant. A portion of the lands were sold, and the defendant became the purchaser, but no part of the purchase money was ever paid.
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The complainants filed their bill in the circuit court of Tucker county, in August, 1859, to- enforce judgment liens against the defendant, William J. Harper. By consent the cause was transferred to Randolph county, and a decree was rendered in November, 1859, providing for a sale of the lands of the defendant. A portion of the lands were sold, and the defendant became the purchaser, but no part of the purchase money was ever paid. In January, 1867, Harper having deceased, a scire facias was issued against Adam Harper, his administrator, to revive the decree. The administrator answered that…
1Opinion of the Court
Maxwell, J,
The complainants filed their bill against William J. Harper, to enforce certain judgments which they had obtained against the said Harper. A decree was rendered establishing the priorities of the judgments of the respective judgment creditors, and providing for the sale of the land of the defendant for the payment thereof, under which deeree a portion, but not all of his land, was sold, at which sale he became the purchaser thereof, hut no part of the,purchase money has been paid,
*541The defendant has, since that decree was rendered, and the said sale made, died intestate.
The…
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