Burt v. Timmons
West Virginia Supreme Court
Statement of the case by Geebn, Judge : This was a chancery-suit brought in May, 1883, in the Circuit Court of Pleasants county by ’William Burt to set aside as fraudulent a certain deed made on April 5,1880, by A. 0. Imlay and wife to his sister, Josephine E. Timmons, and to subject the lot thereby conveyed to the satisfaction of a judgment of the .plaintiff recovered in the County Court of said county against B. B. Timmons, the husband of Josephine E.- Timmons, for $173.67…
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Statement of the case by Geebn, Judge : This was a chancery-suit brought in May, 1883, in the Circuit Court of Pleasants county by ’William Burt to set aside as fraudulent a certain deed made on April 5,1880, by A. 0. Imlay and wife to his sister, Josephine E. Timmons, and to subject the lot thereby conveyed to the satisfaction of a judgment of the .plaintiff recovered in the County Court of said county against B. B. Timmons, the husband of Josephine E.- Timmons, for $173.67 with interest thereon from September 9,1878, till paid and costs, which judgment was duly docketed in the clerk’s…
1Opinion of the Court
GR®en, Jud&e:
The question, upon which the decision in this case must depend, is largely a question of fact. And as the conclusion, I have reached, is the reverse of that of the Circuit Court, I have deemed it proper in the statement of the case to give the facts and the evidence, which is contradictory, at considerable length. The undisputed facts of the case are, that on September 10,1878, the plaintiff recovered against the defendant, B. B. Timmons, a judgment lor $173.67 with interest thereon from September 9,1878, and costs amounting to $10.15, on which judgment execution was promptly…
2Cases cited13 opinions
- Rose & Co. v. BrownWest Virginia Supreme Court · 1877
- Lockhard v. BeckleyWest Virginia Supreme Court · 1877
- Knight v. CapitoWest Virginia Supreme Court · 1884
- Core v. CunninghamWest Virginia Supreme Court · 1885
- Kanawha Valley Bank v. WilsonWest Virginia Supreme Court · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Wood v. HarmisonWest Virginia Supreme Court · 1895
- Bank of Marlinton v. McLaughlinWest Virginia Supreme Court · 1941
- Bank v. AtkinsonWest Virginia Supreme Court · 1889
- Billingsley v. ClellandWest Virginia Supreme Court · 1895
- Bennett v. BennettWest Virginia Supreme Court · 1892
51 more not listed; retrieve them via the Exa API.