Holden v. Boggess
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of the county of Harrison rendered .on the 11th day of May, 1881, in a cause in said court then pending, wherein Mariah Holden was plaintiff, and David W. Doggess was defendant, allowed upon the petition of the said Holden. Hon. A. B. Fleming, judge of the second judicial circuit, rendered the -decree appealed from.
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Appeal from and supersedeas to a decree of the circuit court of the county of Harrison rendered .on the 11th day of May, 1881, in a cause in said court then pending, wherein Mariah Holden was plaintiff, and David W. Doggess was defendant, allowed upon the petition of the said Holden. Hon. A. B. Fleming, judge of the second judicial circuit, rendered the -decree appealed from. Haymond, Judge, furnishes the following statement of the case: On the 14th day of April, 1880, the plaintiff commenced this suit in equity in the circuit court of Harrison county against the defendant, and at May rules,…
1Judgment of the CourtHaymoND, Judge
There not appearing to have been a replication filed to the answer of the defendant, and the cause not appearing to have been heard upon any replication to the answer, the answer will be assumed to be true in this opinion, so far as it is responsive to the allegations of the bill.
The question presented for decision in this case has never been decided by this Court, so far as I am aware; and is not without difficulty and complication. This question involves the interpretation and construction of the 3d section of the 65th chapter of the Code of this State in relation to dower. To arrive…
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