Parsons v. Thornburg
West Virginia Supreme Court
Appeal from and supe?'sedeas to a decree of the circuit court of the county of Cabell, rendered on the 16th day of September, 1876, in a cause in said court then pending, wherein H. 0. Parsons was plaintiff and J. L. Thorn-burg and others were defendants, allowed upon the petition of said Parsons. Hon. Evermont Ward, judge of the ninth judicial circuit, rendered the decree appealed from.
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Appeal from and supe?'sedeas to a decree of the circuit court of the county of Cabell, rendered on the 16th day of September, 1876, in a cause in said court then pending, wherein H. 0. Parsons was plaintiff and J. L. Thorn-burg and others were defendants, allowed upon the petition of said Parsons. Hon. Evermont Ward, judge of the ninth judicial circuit, rendered the decree appealed from. HAYMOND, JUDGE,, furnishes the following statement of the case: In August, 1875, the plaintiff filed his bill in equity with order of injunction in the circuit court of Cabell county against James L.…
1Opinion of the CourtHaymond, Judge
This casein some of its features is not unlike the case of Arbuckle v. McClanahan et al., 6 W. Va. 101. In that case the plaintiff .in his bill alleged, that he had made-payments upon and was entitled to reductions or offsets against the deed of trust debt, but he neither specified the payments of offsets in his bill nor filed with his bill as an exhibit and specification a list of such payments or offsets; and he failed to file any evidence in the cause proving or tending to prove his claim of payments or offsets. But the defendant did in his answer admit certain payments which were endorsed…
2Cases cited4 opinions
- Manion v. FahyWest Virginia Supreme Court · 1877
- Arbuckle v. McClanahanWest Virginia Supreme Court · 1873
- Sims v. Bank of CharlestonWest Virginia Supreme Court · 1875
- Walker v. SummersWest Virginia Supreme Court · 1876
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