Buckeye Savings & Loan Ass'n of Bellaire v. Smith

West Virginia Supreme Court

Buckeye Savings & Loan Ass'n of Bellaire v. Smith

171 S.E. 650, 114 W. Va. 284, 1933 W. Va. LEXIS 65

CourtWest Virginia Supreme Court

DecidedNovember 7, 1933

Docket7700

StatusPublished

This text of 171 S.E. 650 (Buckeye Savings & Loan Ass'n of Bellaire v. Smith) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Buckeye Savings & Loan Ass'n of Bellaire v. Smith, 171 S.E. 650, 114 W. Va. 284, 1933 W. Va. LEXIS 65 (W. Va. 1933).

Pincite

Opinion

Litz, Judge:

This appeal involves the constitutionality of chapter 34, Acts 1933, requiring the trustee in a trust deed to report a sale thereunder to the circuit court (or the judge thereof in vacation) for confirmation.

*285 The trust deed in question was executed June 10, 1981. The statute was declared unconstitutional in Stand v. Sill (decided at this term), on the grounds that it impairs the obligation of contract as applied to prior trust deeds and attempts to confer upon thé courts the decision of non-judicial questions. Each of these points is fully discussed in the opinion of that case.

The order of the circuit court, upholding the validity of the act, is, therefore, reversed and the proceeding dismissed.

Reversed and dismissed.

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Litz, Judge:

This appeal involves the constitutionality of chapter 34, Acts 1933, requiring the trustee in a trust deed to report a sale thereunder to the circuit court (or the judge thereof in vacation) for confirmation.

*285 The trust deed in question was executed June 10, 1981. The statute was declared unconstitutional in Stand v. Sill (decided at this term), on the grounds that it impairs the obligation of contract as applied to prior trust deeds and attempts to confer upon thé courts the decision of non-judicial questions. Each of these points is fully discussed in the opinion of that case.

The order of the circuit court, upholding the validity of the act, is, therefore, reversed and the proceeding dismissed.

Reversed and dismissed.

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Bluebook (online)

171 S.E. 650, 114 W. Va. 284, 1933 W. Va. LEXIS 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buckeye-savings-loan-assn-of-bellaire-v-smith-wva-1933.