6 W. Va. 11 | W. Va. | 1873
The Plaintiff in his bill substantially avers that sometime in 1863, he and John H. Hansbarger, jointly purchased from Hugh Tiffany, a tract of land, in Monroe county, in this State, adjoining the lands of John Ballard, and others, containing, about 700 acres, for the sum of $70,000.00, which was paid in full: that said Tiffany made to Plaintiff, and said Hansbarger, a deed for said, land, which is of record in the Recorder’s office of said county: that afterwards the said Tiffany made, and delivered to said Hansbarger, a deed conveying to him, the one-half of said tract of land, which is also of record in the said county: that in the fall or winter of 1865, the said Tiffany came to Plaintiff, and represented to him that he was in great want of monej'-: that he had sustained great loss during the war; and in consideration of these representations, and the further consideration, that said Tiffany, would make and deliver to the Plaintiff such, other deed, and do such other acts, as, would or might be necessary to give the Plaintiff a perfect title, free from incumbrances, to one-half of the said tract of land, he (Plaintiff,) executed his bond to said Tiffany for $600.00: that on the.day of September, 1867, a judgment was rendered in the Circuit Court of Greenbrier county, in favor of Tiffany, for the use of said John H. Hansbarger, Administrator of John Tiffany, deceased, on the said.(evidently meaning bond,) against the Plaintiff for the sum of $600.00, with legal interest thereon, from the 16th day of December, 1865, till paid, and costs $7.25 ; and that Plaintiff would have defended
Adopting the principle thus established, and proceeding to act upon it; do the allegations of the bill contain sufficient equity to give the Court jurisdiction of the matters alleged? and did the Court below, in consequence of such equity err in dissolving the injunction in the absence of any answer. After a careful examination of the allegations of the bill, we are of opinion, that the bill does contain — in the absence of denial, or satisfactory explanation by answer sufficient equity to give the Court jurisdiction of the cause, and that the Court did err in dissolving said injunction by reason of the existence of such equity. The $70,000,00 of original purchase money for said land was fully paid, and the Plaintiff executed the bond in question for and in consideration that the Defendant, Hugh Tiffany, the obligee, then, and there promised him, that in consideration of said bond he, (said Plugh Tiffany) would make, and deliver to him, such other deed, and do stich other acts, as might be necessary to give the Plaintiff a perfect title, to one-half of said tract of land, free from incumbrances. Tiffany when the bond became payable brought suit for its recovery, for the use of another, against the Plaintiff, and promptly recovered a judgment for the full amount of the bond with costs. The Plaintiff learning that said Hugh Tiffany had made a deed to Hansbarger for one-, half of said tract of land, and that he had not made a deed' to him for one-half, applied to Tiffany for such deed, and he refused (so far as the bill shows) without explanation. But in fact, according to an allegation of the bill he had conveyed or attempted to convey by deed