Kester v. Small

BENJAMIN, Justice.

This is an appeal of the Circuit Court of Harrison County’s June 22, 2004 Order denying defendant J. Thom Small’s motion for summary judgment and granting the plaintiffs’ and the remaining defendants’ motion for summary judgment. In that order, the circuit court invoked Rule 60(a) of the West Virginia Rules of Civil Procedure to correct an eri'or in a December 20,1935 Order which had divided various real property and mineral interests among the heirs of William G. Kester, deceased. The June 22, 2004 Order was issued in a declaratory judgment action brought by two descendants…