Bailey v. Banther

314 S.E.2d 176 (1983)

Nelson R. BAILEY, Jr., et al.,

v.

J.D. BANTHER.

No. 15759.

Supreme Court of Appeals of West Virginia.

December 15, 1983.

Dissenting Opinion March 2, 1984.

D. Grove Moler, Mullens, for appellants.

Harlen Ray Tiller, Oceana, for appellee.

HARSHBARGER, Justice:

The Wyoming County Circuit Court ordered J.D. Banther to be evicted from a certain plot of land and found $4,000 damages against him for unlawful detention of the property, which was titled in Nelson and Mary Jane Bailey. Banther appeals.

J. Dillard Banther, Sr. allowed J.D., his son, to build a simple shelter on a two and…