Legal Opinion

List v. Cotts

West Virginia Supreme Court

Decided January 15, 1871PublishedCited by 12 opinions

The plaintiffs in the court below, Henry K. List, trustee, and his cestui qui trusts, Jas. C. Acheson, Joseph Bell, ‘Wil-ber C. Brockuuier, Charles W. Brockunier, Moses B. Cox, Thomas S. Acheson, Theophilus Pugh, John Yoltz, Moses B. Cox, as trustee of Annie T. Cox, Ellen J. Cox, and Mary A. Creegan, J. C. Yanfossen, J. C. Acheson, as trustee for Mrs. D. Lynn, John Ebbert, Thomas H. Brashier, M. Chew, W. Morrison, Joseph Bell, as trustee for Mrs. Ann Coates, Henry Serig, A.…

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The plaintiffs in the court below, Henry K. List, trustee, and his cestui qui trusts, Jas. C. Acheson, Joseph Bell, ‘Wil-ber C. Brockuuier, Charles W. Brockunier, Moses B. Cox, Thomas S. Acheson, Theophilus Pugh, John Yoltz, Moses B. Cox, as trustee of Annie T. Cox, Ellen J. Cox, and Mary A. Creegan, J. C. Yanfossen, J. C. Acheson, as trustee for Mrs. D. Lynn, John Ebbert, Thomas H. Brashier, M. Chew, W. Morrison, Joseph Bell, as trustee for Mrs. Ann Coates, Henry Serig, A. Thalman, John Haberfield, John E. Baer, Geo. Casenbauer, D. R. Bell, Samuel Phipps, and Geo. Otto; filed their bill in…

1Opinion of the Court

Berkshire, President.

The only question presented by the record for our com • *565sideration, is the construction of the deed from the heirs of Jonathan Zane to John Dulty, of the 12th of January, 1826,

As derivative purchasers under this deed, the appellauts claim the coal in controversy. ■ The appellees claim their right to it, as derivative purchasers, under the deed of the 28th of January, 1826, from Ezekiel Hildreth and wife, to John McLure and others.

Both parties claim title under Jonathan Zane, the original owner of the land, covering and embracing the coal now in dispute. It is conceded…

2Cited by12 opinions

  1. Preston v. WhiteWest Virginia Supreme Court · 1905
  2. Watson v. CoastWest Virginia Supreme Court · 1891
  3. Bostic v. BosticSupreme Court of Virginia · 1957
  4. Weekley v. WeekleyWest Virginia Supreme Court · 1943
  5. Hale v. GrowWest Virginia Supreme Court · 1921

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