Weinberg v. Rempe

Citations

• 15 W. Va. 829
• 1879 W. Va. LEXIS 62

Syllabus

<p>1. lIthe time fixed by the court, by a rule to answer a bill on overruling a demurrer, be too short to enable the demurrant to prepare and file his answer at the time fixed, such demurrant should bring that fact to the attention of the court by motion or petition to extend the rule, supported by affidavit or affidavits showing the reasons therefor. If the demurrant fail to do this, generally the Appellate Oour~ will not review the action of the court below in fixing the time for the filing of the answer.</p> <p>2. On the 13th day of January. 1874, S. W. loaned to J. F, R- , $1,000.00 for which he gave his note of that date, and he and his wife, Mary A., secured the payment thereof by a deed of trust on the separate real estate of said Mary A. This deed of trust was duly acknowledged by said J. F. R. and his wife, Mary A. with proper privy examination of the said wife, Mary A., on the 14th day of January, 1874, and was on the same day duly admitted to l’ecord in the clerk’s office of the county court of Ohio county, in which said realty was situated. On the 3d day of November, 1874, said W. loaned said J. F. E. another $1,000.00 for which he gave his note of that date, and secured the payment therepf by another deed of trust made by him and his said wife, on the same property; this deed of trust was also duly acknowledged by said J. F. E. and his wife, Mary A., with full privy examination of the said Mary A., on the 5th day of November, 1874, and was on the same day duly admitted to record in the said clerk’s office. On the 7th day of August, 1873, said J. F. E. and his wife, Mary A., conveyed to F. N., trustee, the same property but which was at that time the property of said J. F. R.1 ‘for the sole use and benefit of said wife of said J. F. E. and her heirs, with power to said trustee, F, N., to sell and convey said property on the written order of herself, and the money or other consideration to be paid only for the use and benefit of the said wife and her heir