Legal Opinion

Lemley v. Wetzel Coal & Coke Co.

West Virginia Supreme Court

Decided March 26, 1918PublishedCited by 19 opinions

Certified Question from Circuit Court, Wetzel County. Suit by J. A. Lemley against the Wetzel Coal & Coke Company. Demurrer to bill overruled, and question as to the sufficiency of the bill on demurrer certified by the circuit court.

1Opinion of the Court

Ritz, Judge :

This suit is prosecuted for the purpose of cancelling and annulling certain deeds which it is claimed constitute clouds upon the plaintiff’s title to the coal in a certain tract of land *154situate in Wetzel county. In the month of October, 1901, Martha Curry, Silas H. Curry, William C. Curry and E. E. Curry, all infants under the age of fourteen years, being the owners of a small tract of land in Wetzel county, by their . guardian Levi K. Iioge, filed a petition in the circuit court of that county praying for authority to make a sale of the coal underlying said land, in accordance…

2Cases cited4 opinions

  1. Starcher v. South Penn Oil Co.West Virginia Supreme Court · 1918
  2. Plant v. HumphriesWest Virginia Supreme Court · 1909
  3. Town of Point Pleasant v. GreenleeWest Virginia Supreme Court · 1907
  4. White v. WhiteWest Virginia Supreme Court · 1909

3Cited by19 opinions

  1. State Ex Rel. Browning v. TuckerWest Virginia Supreme Court · 1957
  2. Pyles v. BolesWest Virginia Supreme Court · 1964
  3. State Ex Rel. Massey v. BolesWest Virginia Supreme Court · 1965
  4. Adkins v. AdkinsWest Virginia Supreme Court · 1957
  5. Shears v. AdamsWest Virginia Supreme Court · 1960

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