Legal Opinion

Whitten v. Whiten

West Virginia Supreme Court

Decided February 27, 1912PublishedCited by 6 opinions

Appeal from Circuit Court, Monroe County. Bill in equity by L. A. Wihitten against Thomas G. Whitten and others. From a decree for defendants, plaintiff appeals.

1Opinion of the Court

POEEENBARGER, JUDGE:

Sufficiency of the evidence to establish, a resulting trust in favor of the devisees of a deceased widow against the heirs of the deceased husband is challenged by this appeal from a decree in a partition suit in favor of the former.

At the time of his death, in 1890, John G. Whitten held the legal title to a tract of land, containing 57 acres, on which he resided, and a small adjacent tract. In 1882, a commissioner of the circuit court of Monroe county conveyed to bitn and Thos. G. Whitten, his brother, as assignees of H. M. Lockridge, a purchaser at a judicial sale, a…

2Cases cited8 opinions

  1. Lockhard v. BeckleyWest Virginia Supreme Court · 1877
  2. Bowyer v. SeymourWest Virginia Supreme Court · 1878
  3. Smith v. TurleyWest Virginia Supreme Court · 1889
  4. Berry v. WiedmanWest Virginia Supreme Court · 1894
  5. Deck v. TablerWest Virginia Supreme Court · 1895

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3Cited by6 opinions

  1. Clary v. FlemingMontana Supreme Court · 1921
  2. Bingham v. National BankMontana Supreme Court · 1937
  3. Marans v. NewlandMontana Supreme Court · 1962
  4. Spruance v. Equitable Trust Co.Court of Chancery of Delaware · 1918
  5. McComas v. McComasWest Virginia Supreme Court · 1987

1 more not listed; retrieve them via the Exa API.

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