Handly v. Sydenstricker
West Virginia Supreme Court
John M. Sydenstricker, administrator of John Surbaugh, deceased, filed a bill in the circuit court of Greenbrier county, on the 30th day of September, 1867, to enforce a judgment lien against B. F. Handly and J. Griffin Bader. The bill alleged that Handly confessed a judgment to Surbaugh for 600 dollars, in 1859, and the same was duly docketed.
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John M. Sydenstricker, administrator of John Surbaugh, deceased, filed a bill in the circuit court of Greenbrier county, on the 30th day of September, 1867, to enforce a judgment lien against B. F. Handly and J. Griffin Bader. The bill alleged that Handly confessed a judgment to Surbaugh for 600 dollars, in 1859, and the same was duly docketed. That he was then seized and possessed of 342 acres of land ; that in 1862,- he trad’ed with Bader his tract of land for a certain other tract of land, containing 289 acres. The bill asked that the court sell so much of the land, on which the judgment…
1Opinion of the Court
Berkshire, President.
There would have been no error in the first decree of sale rendered in the cause, upon the state of facts then developed, if it had appeared by the record, that the rents and profits of the lands decreed to be sold would have been sufficient to pay the judgment of Surbaugh in five years. But as the law in respect to the rents and profits has been changed by the Code of West Virginia, since the decree was pronounced, rendering an inquiry as to the rents and profits useless, this error might not now be regarded as material, if there were no other errors appearing on the…
2Cited by8 opinions
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- Babcock v. JonesSupreme Court of Kansas · 1875
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