Johnston v. Mann's Executors
West Virginia Supreme Court
Writ oí error and supersedeas to a judgment of tlie circuit court of the county of Greenbrier, rendered on the 29th day of April, 1881, in an action in said court then pending, wherein Andrew I). Johnson was plaintiff and James and Mathew Mann, executors of William T. Mann, deceased, were defendants, allowed upon the petition of the said defendants. Hon. Homer A. Holt, judge of the tenth judicial circuit, reudered the judgment complained of.
Read the full summary
Writ oí error and supersedeas to a judgment of tlie circuit court of the county of Greenbrier, rendered on the 29th day of April, 1881, in an action in said court then pending, wherein Andrew I). Johnson was plaintiff and James and Mathew Mann, executors of William T. Mann, deceased, were defendants, allowed upon the petition of the said defendants. Hon. Homer A. Holt, judge of the tenth judicial circuit, reudered the judgment complained of. The facts of the case are fully stated in the opinion of the Court. cited Acts of 1877, ch. 110 p. 160 § 5; Code Va., ch. 135 p. 610 § 5 ; Code, p. 518…
1Opinion of the Court
Johnson, President,
announced the opinion of the Court:
In 1856 Andrew D. Johnston brought his action of ejectment in the circuit court of Greenbrier county against Lyman Griswold and Cornelius Rodgers, for the recovery of *17a tract of about eighty acres of land. There was verdict, and judgment for plaintiff. The case was upon writ of error taken to the Court of Appeals of this State, where the judgment was reversed, verdict set aside and case remanded for a new trial. On said new trial plaintiff again recovered. Before the second trial was had, W. T. Mann, the testator, died, and the plaintiffs…
2Cases cited2 opinions
- Jackson, ex dem. v. Van AntwerpNew York Supreme Court · 1828
- The Farmers' Loan and Trust Co. v. . KurschNew York Court of Appeals · 1851
3Cited by3 opinions
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Bunting v. CochranSupreme Court of Virginia · 1901
- Clark v. PerdueWest Virginia Supreme Court · 1895