Interior & West Virginia Railroad v. Epling
West Virginia Supreme Court
Error to Circuit Court, Monroe County. Condemnation proceedings by the Interior & West Virginia Railroad Company against W. A. Epling and others. Erom the ¶ order, defendant W. A. Epling brings error, and the other defendants file cross-assignments of error.
1Opinion of the Court
Robinson, Judge :
The controversy grows out of the condemnation of a parcel of land for railroad right of way. No question, however, arises as to the direct condemnation proceedings. It is conceded that the land has been regularly taken and the money therefor paid into court. The question now submitted is: Who is entitled to the money paid for the land taken?
The answer to the question turns on a construction of the will of Andrew D. Crosier, made in 1878, and probated in 1886. He devised all his property to his wife for her natural life, and then further devised: “After the death of me and my…
2Cases cited3 opinions
- Western Mining & Manufacturing Co. v. Peytona Cannel Coal Co.West Virginia Supreme Court · 1875
- Carney v. KainWest Virginia Supreme Court · 1895
- Shaffer v. ShafferWest Virginia Supreme Court · 1911
3Cited by2 opinions
- Moore v. . BakerSupreme Court of North Carolina · 1944
- Cremeans v. WrayWest Virginia Supreme Court · 1934