Dunlap's Ex'rs v. Shanklin
West Virginia Supreme Court
Appeal and supersedeas allowed upon the petition of Charles H. and James Dunlap, executors of Addison Dunlap, deceased, and Win. Adair administrator of I. H. Campbell, deceased, to a decree of the circuit court of Monroe county, rendered at its May term, 1873, in a cause in chancery in said court then pending, in which said executors of Addison Dunlap and others, were plaintiffs, and Richard V. Shanklin, ex’or, and others, were defendants.
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Appeal and supersedeas allowed upon the petition of Charles H. and James Dunlap, executors of Addison Dunlap, deceased, and Win. Adair administrator of I. H. Campbell, deceased, to a decree of the circuit court of Monroe county, rendered at its May term, 1873, in a cause in chancery in said court then pending, in which said executors of Addison Dunlap and others, were plaintiffs, and Richard V. Shanklin, ex’or, and others, were defendants. Hon. Homer A. Holt, Judge of the eighth judicial circuit, rendered the decree complained of. JOHNSON Judge, who delivered the opinion of the Court,…
1Opinion of the Court
Johnson, Jüdge,
delivered the opinion of the Court.
The question presented is, was the decree overruling the exceptions to the commissioner’s report, and conferring the same, right ?
There is no dispute as to the balance of the purchase money due, nor of the fact that R. V. Shanklin, execu-toi’, never received that balance from any person.
The errors assigned by the petitioners are:
1. Because any vendor’s lien was enforced as against any of the creditors of Campbell,.and
2. Because this lien was preserved to the prejudice of the partners of Campbell, who became interested in this fund, upon an…
2Cases cited5 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- Johnson v. WeedNew York Supreme Court · 1812
- Yancey v. MauckSupreme Court of Virginia · 1859
- Wood v. SullensSupreme Court of Alabama · 1870
- Hurley v. HollydayCourt of Appeals of Maryland · 1872
3Cited by22 opinions
- Acme Food Co. v. OlderWest Virginia Supreme Court · 1908
- Wolf v. McGuginWest Virginia Supreme Court · 1893
- Cushwa v. Improvement L. & B. Ass'nWest Virginia Supreme Court · 1898
- Garrett v. PattonWest Virginia Supreme Court · 1918
- Feamster v. WithrowWest Virginia Supreme Court · 1878
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