Legal Opinion

Kunst v. Mabie

West Virginia Supreme Court

Decided March 18, 1913PublishedCited by 6 opinions

Appeal from Circuit Corirt, Bandolph County. Suit by Hattie A. Kunst and others against Nancy A. Mabie and husband to enjoin the cutting of timber. From decree for defendants, plaintiffs appeal.

1Opinion of the Court

WilliaMS, Judge:

This suit was brought by Hattie A. Kunst and a number of others against Nancy A. Mabie and W. H. Mabie, her husband, to enjoin the cutting of timber claimed by defendants, medi-ately, by conveyances from plaintiffs, on about 6,000 acres of land in Bandolph county. The judge, in vacation, granted a temporary injunction, but on final hearing on the 23rd of May, 1911, the circuit court of Bandolph county dissolved the injunction and dismissed the bill, and plaintiffs obtained this appeal. Defendants claim title to the timber and the right to cut and remove it by virtue of a sale…

2Cases cited3 opinions

  1. State ex rel. Dillon v. County CourtWest Virginia Supreme Court · 1906
  2. Pardee v. Camden Lumber Co.West Virginia Supreme Court · 1911
  3. Electro Metallurgical Co. v. MontgomeryWest Virginia Supreme Court · 1912

3Cited by6 opinions

  1. United States v. WheelerDistrict Court, W.D. Arkansas · 1958
  2. Henline v. MillerWest Virginia Supreme Court · 1936
  3. Cunningham v. HeltzelWest Virginia Supreme Court · 1920
  4. Bennett v. Interstate Cooperage Co.West Virginia Supreme Court · 1921
  5. Wellman v. Virginian Railway Co.West Virginia Supreme Court · 1919

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