Legal Opinion · Dissent

Lafollette v. Croft

West Virginia Supreme Court

Decided December 14, 1940No. 9060Published

1Dissent

KeNNA, President,

dissenting:

Judge Fox and I respectfully dissent for reasons that could be stated at length, but we believe may be sufficiently covered by saying that we think the trial chancellor in this instance where both the credibility of witnesses and the weight to be accorded to conflicting testimony are the determinative elements, should be regarded as the final judge.

We think the majority mistakenly viewed this contro versy as representing “clearly and strictly antagonistic claimants of title to a tract of land.” Croft was not mainly interested in the land. Neither was .LaFollette.…

2Cases cited10 opinions

  1. Smith v. YokeWest Virginia Supreme Court · 1886
  2. William C. Atwater & Co. v. Fall River Pocahontas Collieries Co.West Virginia Supreme Court · 1937
  3. Richardson v. RalphsnyderWest Virginia Supreme Court · 1894
  4. Weaver v. AkinWest Virginia Supreme Court · 1900
  5. Buskirk v. Bankers Finance Corp.West Virginia Supreme Court · 1939

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