Legal Opinion

Park v. McCauley

West Virginia Supreme Court

Decided February 15, 1910PublishedCited by 8 opinions

Appeal from Circuit Court, Hardy County. Bill by I. L. Park, who sues for the use of C. D. Bouman, against G-. W. McCauley, executor, and others. Decree for defendants, and plaintiffs appeal.

1Opinion of the Court

BRANNON, Judge:

C. D. Bouman recovered a judgment for money before a justice against John B. Bussell. Annie R. Bussell died having *105made a will bequeathing her property to John B. Russell. Her property consisted of personalty. Bouman had an execution issued. from the ‘ justice on his judgment and placed in the hands of a constable. The execution was docketed in the execution lien book in the county cleric’s office under section 2, chapter 141, Code 1906. G-. W. McCauley qualified as executor of Annie R. Russell. He had actual notice of the execution, and -actual notice of such recordation, and…

2Cases cited5 opinions

  1. Huling, Brockerhoff & Co. v. CabellWest Virginia Supreme Court · 1876
  2. Swann v. SummersWest Virginia Supreme Court · 1881
  3. Howard v. StephensonWest Virginia Supreme Court · 1889
  4. Sandidge's Ex'r v. Graves' Ex'rCourt of Appeals of Virginia · 1855
  5. Livesay v. DunnWest Virginia Supreme Court · 1889

3Cited by8 opinions

  1. Mountain State Motor Car Co. v. SolofWest Virginia Supreme Court · 1924
  2. Flaks, Inc. v. DeberryWyoming Supreme Court · 1938
  3. Hatfield Ex Rel. Rose v. CruiseWest Virginia Supreme Court · 1939
  4. Exchange Bank of Mannington v. BeattyWest Virginia Supreme Court · 1929
  5. Burge v. FortneyWest Virginia Supreme Court · 2005

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