Burley v. Weller

Citations

• 14 W. Va. 264
• 1878 W. Va. LEXIS 66

Syllabus

<p>1. Matters not charged in the bill or averred in the answer, and not in issue in the cause, are not proper to be considered on the hearing.</p> <p>2. If a party desires relief in equity against the endorsement of a recorder or clerk on a deed on account of the same being a mistake or false and fraudulent, and desires the court to adjudicate, whether such mistake or fraud in such endorsement is snficient to entitle him to relief in the cause, and r,o grant the relief, he must allege such mistake or fraud sufficiently in his bill to put the fact in issue in the cause.</p>