Caperton's Adm'rs v. Caperton's Heirs
West Virginia Supreme Court
cited 2 Pars. Cont. (Ed. 1855) 20, Note N.; 4 Johns. Ch’y 334; 2 Perr. Tr. § 527 ; 1 Perr. Tr. §§ 321, 331, 910. L. J. Williams for Williams Adm’rs cited 19 W. Va. 441, 483; 26 W. Va. 460; 3 Greenl. Ev. § 326; 1 Greenl. Ev. § 553; 12 W. Va. 541; 33 W. Va. 644. J. W. Davis for Sneed and Stebbins cited 1 Stark. Ev. 563; 2 Stark. Ev. 937; 13 S. E. Eep. 999.
1Opinion of the Court
BRANNON, Judge:
On 19th May, 1848, John Williams and A. T. Caperton made a written agreement, from which I- quote so much as is material for the purposes of this decision :
' “I have this day agreed to sell to A. T. Caperton one hundred thousand acres of my lands, as follows: * * * In consideration of which sale the said Caperton is to take upon himself the payment of the debt which I owe TIenry Crammond, of Philadelphia, being the remainder of the purchase-money for the large tract; and when I make the said Caperton a sufficient deed for the aforesaid lands, which is to be completed on the 1st…
2Cases cited2 opinions
- Titchenell v. JacksonWest Virginia Supreme Court · 1885
- Smith v. ParsonsWest Virginia Supreme Court · 1890
3Cited by22 opinions
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- Abell v. BishopMontana Supreme Court · 1930
- Chapman v. Mill Creek Coal & Coke Co.West Virginia Supreme Court · 1903
- Foley v. County CourtWest Virginia Supreme Court · 1903
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