Boggs v. McCoy
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of the county of Roane, rendered on the 7th day of March, 1878, in a cause in chancery therein pending, in which James A. Boggs was plaintiff, and Mary McCoy and others were defendants, granted on the petition of said Mary McCoy. Hon. Joseph Smith, judge, of the seventh judicial circuit, rendered the decree appealed from.
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Appeal from and supersedeas to a decree of the circuit court of the county of Roane, rendered on the 7th day of March, 1878, in a cause in chancery therein pending, in which James A. Boggs was plaintiff, and Mary McCoy and others were defendants, granted on the petition of said Mary McCoy. Hon. Joseph Smith, judge, of the seventh judicial circuit, rendered the decree appealed from. GreeN, PRESIDENT, furnishes the following statement of the case: In August, 1875, James A. Boggs filed his bill in the circuit court of Roane county, against Mary McCoy, her husband George W. McCoy, and her…
1Opinion of the Court
Greer, Phesident,
delivered the opinion of the Cóurt:
The court obviously erred in entering this last decree, or any decree on the merits of the case, till the personal representative of Jacob W. Morris was made a party to the suit. His personal estate was the primary and natural fund which must be resorted to for the payment of his debt to the plaintiff, before any real estate can be subjected to its payment. Before entering any decree on the merits of the case the court should therefore have required the personal representative of Jacob W. Morris to have been made a party defendant; and it…
2Cases cited2 opinions
- Laidley v. KlineWest Virginia Supreme Court · 1875
- McCoy's Exor. v. McCoy's DeviseesWest Virginia Supreme Court · 1876
3Cited by8 opinions
- Harris v. EskridgeWest Virginia Supreme Court · 1942
- First National Bank of Webster Springs v. de BerrizWest Virginia Supreme Court · 1921
- American Bank & Trust Co. v. DouglassWest Virginia Supreme Court · 1914
- Bank of Mill Creek v. Elk Horn Coal Corp.West Virginia Supreme Court · 1951
- Schilb v. MoonWest Virginia Supreme Court · 1909
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