Legal Opinion

Keck v. Allender

West Virginia Supreme Court

Decided December 3, 1892PublishedCited by 18 opinions

I. — Pickenpaugh and Reed should, have been placed second in priority. — Code, c. 75, s. 3 ; Code, c. 74, s. 5. II. — They did not lose this right by laches. — Code, e. 133, s. 5; Code, c. 134, s. 6. III. — The bill of reoieto was properly filed for errors; all the necessary parties answered ; and the decree was proper. — 2 "Rob. (old) Pr. 415 ; 3 Paige 368; 19 W. Va. 167. IV. — The notice gane, sufficient ground for correcting the errors on motion.

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I. — Pickenpaugh and Reed should, have been placed second in priority. — Code, c. 75, s. 3 ; Code, c. 74, s. 5. II. — They did not lose this right by laches. — Code, e. 133, s. 5; Code, c. 134, s. 6. III. — The bill of reoieto was properly filed for errors; all the necessary parties answered ; and the decree was proper. — 2 "Rob. (old) Pr. 415 ; 3 Paige 368; 19 W. Va. 167. IV. — The notice gane, sufficient ground for correcting the errors on motion. The, answers were filed too late. — -6 W. Va. 465. 1.' — The decree was on bill taken for confessed — 25 W. Va. 133; 24 W. Va. 586 ; 20 W. Va.…

1Opinion of the Court

English, Judge :

This was a suit in equity brought by Philip II. Keck, trustee, against Elisha C. Allender and others, in the Circuit Court of Monongalia county. The plaintiff in his bill alleges that he is trustee in a certaiu deed of trust executed by the defendant Elisha C. Allender and wife to him, bearing date the 3rd day of September, 1886, aud duly recorded in the clerk’s office of the County Court of said county, conveying certain.real and personal estate therein *203mentioned to such trustee to secure tlie payment of sundry debts therein mentioned, and to indemnify and save harmless…

2Cases cited5 opinions

  1. Marling v. RobrechtWest Virginia Supreme Court · 1878
  2. Nichols v. Heirs of NicholsWest Virginia Supreme Court · 1875
  3. Ward v. WardWest Virginia Supreme Court · 1883
  4. Wyatt v. ThompsonWest Virginia Supreme Court · 1877
  5. Lynch v. HenryWest Virginia Supreme Court · 1885

3Cited by18 opinions

  1. Cochran v. ParisSupreme Court of Virginia · 1854
  2. Kester v. LyonWest Virginia Supreme Court · 1895
  3. Augir v. WarderWest Virginia Supreme Court · 1911
  4. George v. ZinnWest Virginia Supreme Court · 1905
  5. Keck v. AllenderWest Virginia Supreme Court · 1896

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