Tracey v. Shumate
West Virginia Supreme Court
Green, Judge, furnishes the following statement of the case: At the February rules, 1872, Lockey E. Tracey filed her bill in the circuit court of Mercer alleging, that she was the daughter of Edward II. Tracey, who died August, 1860, leaving a will, a copy of which is filed with the bill.
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Green, Judge, furnishes the following statement of the case: At the February rules, 1872, Lockey E. Tracey filed her bill in the circuit court of Mercer alleging, that she was the daughter of Edward II. Tracey, who died August, 1860, leaving a will, a copy of which is filed with the bill. The will is elated August 10, 1860, and by it he gave to his wife Rhoda Tracey a sufficiency to maintain her during her life not mentioning any amount, and to the plaintiff, Lockey E. Tracey, and to his daughter Rhoda and his son Edward G. Tracey five hundred and sixteen dollars each, the will stating that…
1Opinion of the Court
Gkeeh, Judge:
The first decree in this cause claimed to be erroneous is that of October 18,1873. This decree set aside the sale made by the trustee on May 9, 1868. This action of the court, as shown by the decree, was based on depositions, which have not been copied into the record, as they should have been; but from what is incidentally proven in the cause subsequently, I infer that there is a strong probability that the omitted deposition fully justified the court in setting aside the sale. I should have deemed it necessary for this Court of its own motion to issue a writ of certiorari…
2Cases cited10 opinions
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- Hughes v. United StatesSupreme Court of the United States · 1866
- Case v. BeauregardSupreme Court of the United States · 1880
- Laidley v. KlineWest Virginia Supreme Court · 1875
- Cole's Aministrator v. M'RaeSupreme Court of Virginia · 1828
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- McCoy v. McCoyWest Virginia Supreme Court · 1887
- St. Lawrence Co. v. HoltWest Virginia Supreme Court · 1902
- Watson v. Buckhannon River Coal Co.West Virginia Supreme Court · 1923
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Shepherd v. BrownWest Virginia Supreme Court · 1887
16 more not listed; retrieve them via the Exa API.