Paxton v. Rucker

Citations

• 15 W. Va. 547
• 1879 W. Va. LEXIS 44

Syllabus

<p>Upon the hearing of a rule against a person to show cause why he should not give up possession of a certain tract of land which had been sold to another under a decree of the court, the court makes a decree which shows that the court heard the cause upon the rule, the answer thereto, ® * *■ “ unci upon the depositions taken upon the rule, and the evidence of the witnesses adduced in open court.” But the record does not show what “ the evidence of the witnesses adduced in open court” was. Held :</p> <p>I. The Appellate Court will not assume that the court below erred in its decree when the testimony that was had before that court has not been preserved and is not before the Appellate Court.</p> <p>II. A rule may be awarded against a person, not a party to the . suit, in possession'of land sold under a decree of the court to another person, to show cause why he should not surren .der possession to the purchaser. Trimble et al. v. Patton, . trustee, 5 W. Ya.</p>