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Relevant court csaes to the family's history
Relevant court csaes to the family's history


== Virginia ==
Before the [[Wythe County Chancery Court 1821|Wythe County Chancery Court, 6 June 1821]], Richard Thompson Heirs & Administrators vs. John Thompson, from Chancery Order Book A-1, Pages 1-31 [https://sites.rootsweb.com/~varussel/court/thompson.html online source at RootsWeb].  This case basically confirms Williams children with Martha prior to her remariage, and that estate.<br>
=== First Court of Russell County ===
John Thompson (related to Marhta "Mattie" Thompson?) was a justice at the [[The First Court of Russell County|First Court]].


== West Virginia ==
== West Virginia ==
=== Ferrell v. Ferrell, 53 W. Va. 515 (1903) ===
=== Ferrell v. Ferrell, 53 W. Va. 515 (1903) ===
Before the West Virginia Supreme Court, 1903, [https://cite.case.law/w-va/53/515/ W. Va. 515 (1903) 53].<br/>
[[Ferrell v. Ferrell, 53 W. Va. 515]], before the West Virginia Supreme Court, 1903, [https://cite.case.law/w-va/53/515/ W. Va. 515 (1903) 53]. This case is in the [https://archive.wvculture.org/history/collections/ar/ar1800-501-538.html WV Archives]
Ferrell v. Ferrell, 53 W. Va. 515 (1903)
<ref>
May 2, 1903 · Supreme Court of Appeals of West Virginia
Ferrell v. Ferrell, 53 W. Va. 515 (1903)<br>
53 W. Va. 515
Ar1800<br>
Ferrell v. Ferrell
Box/Folder: 526-22<br>
CHARLESTON.
Case Name: F. FERRELL VS. F. A. J. FERRELL<br>
Submitted February 13, 1903.
County: LOGAN COUNTY<br>
 
Case Type: IN CHANCERY<br>
<u>'''Summary'''</u><br/>
Date: 1902 January 16 ALLOWED<br>
Appeal from Circuit Court, Logan County.<br/>
Supreme Court Number: 2766<br>
Bill by '''''Floyd Ferrell''''' against '''''F.A.J. Ferrell''''' and others. Decree for plaintiff, and defendants Ferrell appeal.<br/>
</ref>
 
in Box 526-22<ref>Case Name: F. FERRELL VS. F. A. J. FERRELL<br>County: LOGAN COUNTY<br>Case Type: IN CHANCERY<br>Date: 1902 January 16 ALLOWED<br>Supreme Court Number: 2766</ref>, should we get the chance to search the archive. The case was basically the son [[Floyd Ferrell 1879|Floyd]] trying to get a bigger share of the land inherited, that his father [[Anderson Ferrell 1831|Anderson]] meant to give to his new wife Mary..<br/>
<u>'''Disposition'''</u><br/>
''Reversed.''<br/>
 
<u>'''Discussion'''</u><br/>
1. Summons — Suit.<br/>
 
The issuance of a summons brings a suit into existence at its date. (p. 519).<br/>
2. Suit — Equity—Summons—Infant.<br/>
 
Where there are only two defendants to a bill in equity, one adult, the other infant, and after summons issued, though not served, the bill is filed in term, with the consent of the adult, and the court appoints a guardian ad litem for the infant, and his answer is filed, there is thus a cause for the action of the court and it has jurisdiction to decree upon the matter of the hill, and its decree is neither void nor erroneous for the mere cause of want of service of the summons, or that the bill was not filed at rules, (p. 519).<br/>
 
3.Process — Infant—Guardian ad litem.<br/>
 
There need not be service of process on an infant. The appointment of a guardian ad litem and his answer for the in-' fant stand in place of such service, (p. 519).<br/>


4.Deed — Mistake—Equity.<br/>
=== Case #2  ===


Equity will entertain a bill to reform a deed where it is alleged the scrivener has, by some mistake, so drafted it as to not execute the intention of the parties, (p. 519).<br/>
=== Case #3  ===


5. Deed — Mistake.<br/>
== Kentucky ==
=== Case #1  ===


Generally, to warrant equity to reform a deed for mistake the mistake must be mutual; but where there are not two parties to the contract, and by mistake of the scrivener the instrument does not execute the purpose of the party executing, the deed, equity will reform the deed at his instance, (p. 520).<br/>


6. Errok — Decree—Bar.<br/>
=== Case #2  ===


A release of error in a decree will bar a bill of review to reverse it. (p. 521).<br/>


7. Signature — Contract.<br/>
=== Case #3  ===
Just adding these to get TOC and links to subsections for now.<br>


If one sign a written contract without acquainting himself with its contents, he is estopped by his own negligence from asking relief against its obligation, if his- signature is procured without fraud. (p. 521).<br/>
== References ==
<references />

Latest revision as of 09:09, 11 July 2023

Relevant court csaes to the family's history

Virginia

Before the Wythe County Chancery Court, 6 June 1821, Richard Thompson Heirs & Administrators vs. John Thompson, from Chancery Order Book A-1, Pages 1-31 online source at RootsWeb. This case basically confirms Williams children with Martha prior to her remariage, and that estate.

First Court of Russell County

John Thompson (related to Marhta "Mattie" Thompson?) was a justice at the First Court.

West Virginia

Ferrell v. Ferrell, 53 W. Va. 515 (1903)

Ferrell v. Ferrell, 53 W. Va. 515, before the West Virginia Supreme Court, 1903, W. Va. 515 (1903) 53. This case is in the WV Archives [1] in Box 526-22[2], should we get the chance to search the archive. The case was basically the son Floyd trying to get a bigger share of the land inherited, that his father Anderson meant to give to his new wife Mary..

Case #2

Case #3

Kentucky

Case #1

Case #2

Case #3

Just adding these to get TOC and links to subsections for now.

References

  1. ↑ Ferrell v. Ferrell, 53 W. Va. 515 (1903)
    Ar1800
    Box/Folder: 526-22
    Case Name: F. FERRELL VS. F. A. J. FERRELL
    County: LOGAN COUNTY
    Case Type: IN CHANCERY
    Date: 1902 January 16 ALLOWED
    Supreme Court Number: 2766
  2. ↑ Case Name: F. FERRELL VS. F. A. J. FERRELL
    County: LOGAN COUNTY
    Case Type: IN CHANCERY
    Date: 1902 January 16 ALLOWED
    Supreme Court Number: 2766
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