4 W. Va. 352 | W. Va. | 1870
The first ground of error assigned is, that Chilton’s title to the land in controversy was fatally defee-
The second ground assigned as error is that, the title of said Chilton to said land was fatally defective, because of the conveyance of the land by Alexander Cobb to A. W. Quarrier as trustee, prior to his conveyance to the grantors of said Chilton. It appears that Alexander Cobb, by deed of trust bearing date on the 6th day of September, 1841, conveyed certain lands in the said deed described to Quarrier, to secure to Atkinson the payment of a debt then due by judgment for 133 dollars and 98 cents, with interest. It was more than twenty years after this deed of trust was executed before the bill was filed by the complainant, and it must be presumed that after such length of time the debt secured by it had been paid, especially as it is not charged in the bill that it is claimed to be unpaid, or that the credi
The third cause assigned as error is that, the title of Chil-ton to said land was ■ defective, because of his failure to procure the relinquishment of dower of Mrs. Polsley and Mrs. Connell. It is averred in the bill that the land sold is covered by a title elder than the Cobb title, called the Smith title, and that Polsley and Connell claimed that title and conveyed such title as they had to said Chilton. There are at least two good and sufficient answers to this objection, the first of which is, it is not averred that either Polsley or Connell has a wife who is entitled to dower in the land; and the second is, that the continuous possession under the Cobb title would bar the Smith title, though it may have been originally the better title.
The fourth and last cause assigned as error is that, the court erred in not rescinding the contract of purchase from Chilton, after so many and so glaring defects of title were made apparent, and so many delays on Chilton’s part in perfecting the same. This assignment of error is founded upon the supposition that the other causes assigned as errors exist, and must consequently fail with them.
The decree complained of will have to be affirmed, with damages and costs to the appellees.
Decree arrirmed.