45 W. Va. 709 | W. Va. | 1898
This was a suit in equity instituted in the circuit court of Tucker County by Seymour Z. Harr against Samuel J. Shaffer, A. B. Parsons, Joseph Harper, P. T. Shearer, James S. Whiting, John T. Vanmeter, Gottlieb Hutter, C. W. Dailey, trustee, and others. The controversy seems to have arisen from the fact that the plaintiff, Harr, claims to be entitled to a certain tract of land of three hundred twelve and one-half acres, which on October 2, 1889, was conveyed to him by Samuel H. Shaffer and wife. This tract of land appears in the record to have been variously described, sometimes as containing two hundred and ninety-eight acres, again three hundred twelve and one-half, and again three hundred and twenty, and to this some of the confusion in the cause may possibly be attributed. Did the plaintiff acquire any title to said land under the deed from S. H. Shaffer and wife?
It appears from the record that this tract and several others in Tucker County belonged at one time to one Adam C. Harness, and that on the 19th of August, 1882, said Harness conveyed said tract, describing it as three hundred and twenty acres, to William M. Randolph, trustee, to secure to one Joseph Harper the sum of four hundred dollars, evidenced by a note payable one year after date. At the October rules, 1883, Lorenzo S. Anvil brought a suit in equity against Adam C. Harness and others to subject the real estate of said Harness to the satisfaction of certain judgments and liens thereon, but said Harper was not made a party thereto, neither were his sureties. A cop}' of the record of the proceedings in said suit is exhibited in his cause, from which it appears that the cause was referred to a commissisner who was directed to report the real estate owned by defendant A. C. Harness, the state and condition of the title thereto, and the annual rental value thereof, the liens thereon, their character, amounts, and priorities, and to whom owing. Among the liens reported was a trust lien against the two hundred and ninety-eight acre tract, balance of the four hundred acre tract, due to Joseph Harper for principal and interest,four hundred and forty-one dollarsand sixty cents.
The only error assigned was that the court erred in dismissing the cause. Did the court commit an error in rendering this decree? The plaintiff in his bill appears to claim that Scaffer, the party under whom he claims, had no title, and alleges that the sale made by C. W. Dailey, trustee, to Shearer and Chipley of said three hundred and twelve and one-half acres was made without his consent
Affirmed.