Layne's Adm'r v. Johnson

Citations

• 22 W. Va. 151

Syllabus

<p>(*SNYDER, Judge, Absent.)</p> <p>1. Where L. sold a tract of land to J. and H. in 1859, and afterwards L. became insane, and his committee made a compromise with J. and H., the effect of which was to cancel the sale and refund' the purchase-money paid, and the committee failing to repay the money J. and H. filed a bill to compel such payment, and the committee and heirs of L. were defendants, and said heirs filed a cross-bill and prayed to have said compromise set aside and the original contract enforced, and the court decreed, that the compromise was valid and required it to be enforced, and under said decree J. and H. gave up possession of the land, and L.’s heirs entered into possession thereof, and while they were so in possession, a part of the land was condemned for the use of a railroad company, in which proceedings of condemnation L.’s heirs were the only defendants, and three thousand eight hundred and twelve dollars'was awarded them as damages; and after the condemnation L.’s heirs appealed from the decree enforcing the compromise, and the Court of Appeals reversed the decree and required the original contract to be enforced, and J. and H. filed an answer claiming credit for the railroad damages awarded L.’s heirs, which claim was resisted. Held :</p> <p>J. and H. were entitled to be allowed on their debt for the land credit to the amount of the said damages, whether the same had been paid to L.’s heirs or not, J. and H. having been without fault deprived of the land, for which the damage was awarded.</p>