John B. Crawford vs. George W. Summers: Legal Argument Regarding Land Title, Equity of Redemption, and Coal Rights Reservation

Archive

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Historic Glenwood Foundation

Begins with p. 5 as noted by author

Begins with p. 5 as noted by author

Name/Title

John B. Crawford vs. George W. Summers: Legal Argument Regarding Land Title, Equity of Redemption, and Coal Rights Reservation

Entry/Object ID

303_c_316_04_06

Category

Legal

Archive Items Details

Description

Part of a handwritten legal brief or summary of argument pertaining to a long-running dispute over a 500-acre tract of land on the Kanawha River.Focuses on several complex legal arguments regarding property rights and the limitations of equity. It begins by asserting that the complainant’s claim is based on a mere equity of redemption that is wholly subordinate to a prior deed of trust, arguing that the title held by Lewis Summers should remain undisturbed. A significant portion of the text is dedicated to the application of the Statute of Limitations and the doctrine of laches, citing precedents such as Hughes vs. Caldwell to argue that the court should not "unravel all that has been done" or "bring back the year 1825" after decades of inaction and the intervening "speculations in Oil" and coal.

Date(s) of Creation

1859