Legal Opinion

Bell's Admr. v. Humphrey

West Virginia Supreme Court

Decided July 17, 1874PublishedCited by 23 opinions

An appeal, operating as a. supersedeas, by the plain tiff belotv, from the judgment of the circuit court of Ohio county, in a suit lately pending in said court, wherein, John D. Maxwell, as administrator de bonis non, with the will annexed, of Henry Bell was plaintiff, and Robert Humphrey, defendant. The judgment was entered on the 20th day of November, 1873. The other facts, together with the will of said Bell, appear in the opinion of the Court. TheHón.

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An appeal, operating as a. supersedeas, by the plain tiff belotv, from the judgment of the circuit court of Ohio county, in a suit lately pending in said court, wherein, John D. Maxwell, as administrator de bonis non, with the will annexed, of Henry Bell was plaintiff, and Robert Humphrey, defendant. The judgment was entered on the 20th day of November, 1873. The other facts, together with the will of said Bell, appear in the opinion of the Court. TheHón. Thayer Melvin, judge of said circuit court, presided at the trial in the court below.

1Opinion of the Court

Haymond, President.:

This is an action of ejectment brought and decided in the circuit court of the county of Ohio.

Henry Bell, who resided in said county, died on the 26th day of January, 1840. Before, and at, the time of his death, he was the owner of the real and persona! estate mentioned and devised in the ivill, hereinafter set forth. Before his death, to-wit: on'the 26th day of October, 1839, he made and published his last will, in due and proper form. At the February term, 1840, of the county court of the county of Ohio, the will, so made, was produced before that court and proven by two…

2Cases cited3 opinions

  1. Jones v. TatumSupreme Court of Virginia · 1870
  2. Mosby's adm'r v. Mosby's adm'rSupreme Court of Virginia · 1853
  3. Campbell v. PrestonsSupreme Court of Virginia · 1872

3Cited by23 opinions

  1. Bartlett v. PattonWest Virginia Supreme Court · 1889
  2. Weiss v. SotoWest Virginia Supreme Court · 1957
  3. Weiss v. SotoWest Virginia Supreme Court · 1957
  4. Hicks v. BeachamSupreme Court of Georgia · 1908
  5. Wellsburg & State Line Railroad v. Pan Handle Traction Co.West Virginia Supreme Court · 1904

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