Eakin v. Eakin
West Virginia Supreme Court
Appeal from Circuit Court, Monongalia County. Suit for partition by Koscoe Eakin and others against Marion B. F. Eakin and others. From a decree setting aside the confirmation of a sale to them and ordering a resale, James A. Provins and others, purchasers at former sale, obtained an appeal and supersedeas, and the Hess Coal & 'Coke Company moves to dismiss appeal.
1Opinion of the Court
Lynch, Judge:
In a suit to partition lands there was ássigned to infants •and decreed to be sold for their benefit upon specified terms ■and conditions, subject to the usual approval and confirmation by the court, a tract of 22-y3 acres, part of the estate ■divided. The right so to dispose of the property by sale and the propriety or necessity therefor are not controverted or ■questioned in any manner.
The sale first partially effected and reported was not confirmed, but a readvertisement and resale were ordered because the purchaser failed or refused to comply with the *515terms prescribed in the…
2Cases cited40 opinions
- Embry v. PalmerSupreme Court of the United States · 1883
- Pewabic Mining Co. v. MasonSupreme Court of the United States · 1892
- Morrison v. BurnetteCourt of Appeals for the Eighth Circuit · 1907
- Stout v. Philippi Manufacturing & Mercantile Co.West Virginia Supreme Court · 1895
- Harrison v. Wallton's Ex'orSupreme Court of Virginia · 1898
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3Cited by15 opinions
- In Re the Liquidation of Spokane Savings BankWashington Supreme Court · 1939
- Mr. Klean Car Wash, Inc. v. RitchieWest Virginia Supreme Court · 1978
- Blankenship v. MonginiWest Virginia Supreme Court · 1928
- State v. HatfieldWest Virginia Supreme Court · 1951
- In Re the Marriage of DaviesCourt of Appeals of Washington · 1987
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