Legal Opinion

Shumate v. Shumate

West Virginia Supreme Court

Decided June 3, 1916PublishedCited by 4 opinions

Appeal from Circuit Court,- Mercer County. Bill by John R. Shumate against H. H. Shumate and others. From decree awarding partial relief plaintiff appeals.

1Opinion of the Court

Mason, Judge:

By an instrument in writing, bearing date December 14, 1911, sealed and acknowledged by ber, Elizabeth Shumate, a married woman, living separate and apart .from her husband, undertook to convey her separate real estate to her son, the plaintiff, John. R. Shumate. Her husband did not join in the execution of the paper; nor did it, or the certificate of acknowledgment, contain the recitals required by sec. 6, ch. 73, Code. She died in April, 1912. In June of the same year, R. A. Shumate, her husband, conveyed to his children then living and the heirs of such of them as were dead…

2Cases cited14 opinions

  1. Radford v. CarwileWest Virginia Supreme Court · 1879
  2. Moore v. StevensonSupreme Court of Connecticut · 1858
  3. McMullen v. EaganWest Virginia Supreme Court · 1882
  4. Ponce v. McWhorterTexas Supreme Court · 1879
  5. Boggess v. ScottWest Virginia Supreme Court · 1900

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3Cited by4 opinions

  1. Brotherton v. RobinsonWest Virginia Supreme Court · 1920
  2. Duncan v. DuncanWest Virginia Supreme Court · 1927
  3. Hanley v. RichardsWest Virginia Supreme Court · 1935
  4. Wehrle v. PriceWest Virginia Supreme Court · 1917

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