Alexander v. Davis
West Virginia Supreme Court
cited 27 W. Ya. 451; 82 Ga. 687; Rice, Ev. 613-81, 788. cited Pom. Eq. § 114; Sand’s Suit Eq. 231; 32 W. Ya. 119; 22 W. Ya. 1, 356, 461; 11 W. Ya. 584; 20 Gratt. 147; 11 Gratt. 752; 1 Dan’l Ch. PI. & Pr. (4th Ed.) 844, 845, note, 850, note; 2 Munf. 310; 6 J. J. Marsh. 51; 10 W. Ya. 49; 3 S. E. Rep. 690; 7 Eng. Law and Eq. Rep. 578; 33 Gratt. 548.
1Opinion of the Court
Holt, President :
On appeal from a final decree pronounced by the Circuit Court of Mason county on the 16th day of May, 1893, dismissing plaintiffs’ bill.
The substance of bill is that James T. Alexander departed this life suddenly on the 30th day of March, 1891, being the apparent owner of a tract of land of one hundred *467and thirty acres, situate in Mason county, on which he had resided with his wife for thirty years or more. They had no children, and his wife survived him. He left no will, bnt on the 15th day of July, 1891, one Adam Grandstaff produced to the clerk of the county court, and had…
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