Holt v. Williams

Decided April 26, 1879

West Virginia Supreme Court · decided 1879-04-26

Holt was plaintiff, and Layton Williams and others were defendants granted on petition of said Holt. Hon. Joseph Smith, Judge of the Seventh Judicial Circuit,tendered the decree appealed from.

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Decided 1879-04-26

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Cited by 3 later decisions — most recently March 1912

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Moore, Judge,

¶1delivered the opinion of the Court:

¶2The Court is of opinion, that under the principles decided in the case of Joseph Spiedel & Co. v. Schlosser et al., at this term, that as to the trust debt, the declaration of homestead was not made and recorded in time to give the appellants the right to claim, the benefit of homestead as against said debt, either under the act of December 20, 1876, or or under the act of March 2, 1877; and therefore the Court did not err in dissolving the injunction. The order dissolving the injunction should be affirmed with costs.

GREEN, PRESIDENT, AND HAYMOND, CONCURRED.Johnson, J.,

¶3dissented to so much of the opinion and syllabus as relates to the constitutional questions involved in the case.

¶4Decree afpirked.