Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 89

Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 89

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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. 1922 edition. Excerpt: ... bound up and could not get out of it any way, and of course there had to be something done, or big trouble." That Mrs. Billups in the beginning may have objected to executing the paper, as her husband swears, is in keeping with the evidence of all the other witnesses for plaintiff, unless it be that of Mrs. Billups herself, who swears that she did not execute it or authorize the execution thereof by any one else. As observed, nearly three months elapsed between the date of the instrument, when Billups may have signed it, and when Mrs. Billups may have refused to do so, as Billups says, when she "kind of kicked," and the date of the acknowledgment, when according to Billups and other witnesses, she may have relented and actually authorized her husband or some one else to sign the contract, and herself acknowledged it before the notary public. His certificate, a quasi judicial act, so certifies at all events. The testimony of two other witnesses, namely, Victoria Cottrell, a daughter of Mr. and Mrs. Billups, and W. M. Ashworth, at the date of the instrument in the employ of E. L. Butterick, who appears to have been attorney for the plaintifis in the ejectment suits, is relied on. The pertinent part of Mrs. Cottrell's testimony is that she remembers that about the year 1891, her father was in trobule about cutting timber on what was known as the company 's land, and she recalled that Ashworth and Eggleton were at her father 's house for the purpose of getting her father and mother to sign a paper writing or deed of disclaimer of the minerals under the land owned by her mother; that her father had signed such writing, but her mother had not. And as to what was said on that occasion she says: "Of...show more

Product details

  • Paperback | 290 pages
  • 189 x 246 x 15mm | 522g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236743776
  • 9781236743770