Kirkpatrick v. McBride
Court of Appeals for the Fourth Circuit
Appeal from the District Court of the United States for the Northern District of West Virginia, at Wheeling; Alston G. Dayton, Judge. Suit in equity by Harriet Elizabeth McBride against Emma Jane Kirkpatrick. Decree for complainant, and defendant appeals. This is an appeal from a decree entered in the District Court of the United States for the Northern District of West Virginia.
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Appeal from the District Court of the United States for the Northern District of West Virginia, at Wheeling; Alston G. Dayton, Judge. Suit in equity by Harriet Elizabeth McBride against Emma Jane Kirkpatrick. Decree for complainant, and defendant appeals. This is an appeal from a decree entered in the District Court of the United States for the Northern District of West Virginia. The suit was instituted by Harriet Elizabeth McBride in her own right and as executrix of the will of her husband, Leander McBride, deceased, against Emma Jane Kirkpatrick for an accounting of all financial dealings…
1Opinion of the CourtPritchard, Circuit Judge
(after stating the facts as above). The principal question to be determined here is as to whether the court below erred in failing to find from the evidence that the defendant had any interest in the farm property and limiting the lease to the hotel and cottages alone, and that the complainant was the owner and entitled to the possession of the farm property known as “Brookside,” includ*147ing the barns, farming machinery, tools, wagons, horses, cattle, and other things situated upon the same.
While the decree provides that Mrs. Kirkpatrick shall have a lease for 25 years on the hotel and cottages…
2Cases cited4 opinions
- Bowden v. JohnsonSupreme Court of the United States · 1883
- Clark's Executors v. Van RiemsdykSupreme Court of the United States · 1815
- Veile v. BlodgettSupreme Court of Vermont · 1877
- Snow v. HazlewoodCourt of Appeals for the Fifth Circuit · 1907
3Cited by2 opinions
- McBride v. KirkpatrickDistrict Court, N.D. West Virginia · 1913
- Kirkpatrick v. McBrideCourt of Appeals for the Fourth Circuit · 1916