52 W. Va. 63 | W. Va. | 1902
At the June rules 1899, Mary J. Stone filed her hill in chancery in the circuit court of Logan County against L. D. Hill et al.; to compel the defendant, L. D. Hill to convey tO’ plaintiff by apt and proper deed the legal title to a certain tract of land in Logan County containing 150 acres, which she alleged was
Hill testified that on a settlement Stone was behind something over three thousand seven hundred dollars, but witness compromised with the creditors for three thousand five hundred dollars, one thousand five hundred dollars of which he paid out of the funds which he had devised to his daughter Caroline Lowe, and for the residue gave the deed of trust on the land in controversy; that in his will he tried to divide his real estate equally between his three children, but his personal estate he gave to his daughter Caroline Lowe, as she had been taking care of him for the last ten or fifteen years; that he had paid one thousand five hundred dollars on the Stone debt in order to relieve plaintiff as far as possible and thought it equitable between his. children; that as the family of M. D. Stone (that is plaintiff and her husband) and their children had enjoyed the fruits of his defalcation the lands intended for her should be responsible for the balance and that his other children should not be responsible for his default. L. D. Hill states that plaintiff sent J. E. Peck Sr. to him and tried to get him to make a deed to her subject to the trust deed securing two thousand dollars for which he was liable on Stone’s bond, to Chafin, he said they wanted the deed in order to enjoin the sale of the land under said trust deed and to get further time in the matter; that he refused to make the deed at that time as he did not want to complicate matters any further, but was willing to give her the residue of the land after the debt was paid, and that he had said this all the time. Defendant Hill further stated that
Affirmed.