Arnold v. Casner
West Virginia Supreme Court
. SNYDER, Judge, furnishes the following statement of the case: In March 1870, Moses F. "Ward died intestate, without children, leaving a widow, Ellen 3). Ward, who, under the statute then in force, was the sole heir and distributee of his estate. The said Ward was the owner and died seized'of valuable lands, situate in Kanawha county, which he in his life-time had encumbered by several trust-deeds to secure debts. These trust-debts were unpaid at his death.
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. SNYDER, Judge, furnishes the following statement of the case: In March 1870, Moses F. "Ward died intestate, without children, leaving a widow, Ellen 3). Ward, who, under the statute then in force, was the sole heir and distributee of his estate. The said Ward was the owner and died seized'of valuable lands, situate in Kanawha county, which he in his life-time had encumbered by several trust-deeds to secure debts. These trust-debts were unpaid at his death. After his death the said Ellen by deed, dated June 2,1870, in execution of a verbal agreement made by him in his lifetime, conveyed away…
1Opinion of the Court
SNYder, Judge:
The facts of this case are of themselves very potent evidence that the appellants have no substantial ground of complaint. If any errors have been committed they were merely formal and the appellants, by their utter indifference and gross negligence, to say nothing of their acts of positive approval, had precluded themselves from any right to complain long before the decrees appealed from were entered. To entitle parties in their situation to prevail they must present something more cogent than formal irregularities and fanciful objections. They must show that substantial rights…
2Cases cited5 opinions
- Hendricks v. RobinsonNew York Court of Chancery · 1817
- Marling v. RobrechtWest Virginia Supreme Court · 1878
- McCarty v. ChalfantWest Virginia Supreme Court · 1878
- Harmon v. Byram's Adm'rWest Virginia Supreme Court · 1877
- Easley v. BarksdaleSupreme Court of Virginia · 1881
3Cited by17 opinions
- Stout v. Philippi Manufacturing & Mercantile Co.West Virginia Supreme Court · 1895
- Barrett v. McAllisterWest Virginia Supreme Court · 1890
- Bensimer v. FellWest Virginia Supreme Court · 1891
- Bilmyer v. ShermanWest Virginia Supreme Court · 1884
- Newlon v. WadeWest Virginia Supreme Court · 1897
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