Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 61

Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 61

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ... 5. SAME. The mere fact that a contingent interest may be released by 8 person in being, and that a good title may thus be made, is not enough to take the case out of the Rule against Perpetuities. (p. 37s.) ' Appeal from Circuit Court, Lincoln County. Action by Starcher Bros. against Jeff Duty and others. I From a decree in favor of defendants," plaintiffs appeal. CHARLES E. Hour; and WALTER PENDLETON, for aPP@l' lants. ' WYATT & GRAHAM, for appellees. MILLER, JUDGE! I The plaintifls below have appealed from the decree of the. circuit court of Lincoln county, denying them We Specific execution of an option contract for the sale and Pflmhase of a tract of 170 acresof land. The court below, by its d_' cree of December 8, 1905, denied the relief pr&y@df_T1fll5; solved the injunction awarded, and dismissed the P1319955 bill. ' The contract, dated April 5, 1902, was signed by Jeff Duty and Elizabeth, his wife, by their marks, and W515 "Q" knowledged before Philip Hager, J r., a notary Pl1blic'ApHl 7, 1902. The contract acknowledges a consideration of eleven dollars paid down, and was conditioned on the optionees electing to take and accept the land on or before April 5, 1903, and in that event that they should thereupon pay the optionors at the rate of six dollars per acre for all the land, to be ascertained by a survey made in the usual way at the expense of the purchasers, to whom the sellers were to execute an apt and proper deed of general warranty, clear of all incumbrances. The contract also contained the proviso that Starcher Brothers might prior to April 5, 1903, pay to the first parties, or deposit "to their credit in the Huntington National Bank, their heirs, assigns or personal representatives, more

Product details

  • Paperback | 278 pages
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 1236741307
  • 9781236741301