Legal Opinion

McCoy's Exor. v. McCoy's Devisees

West Virginia Supreme Court

Decided September 9, 1876PublishedCited by 10 opinions

Appeal from a decree of the circuit court .of Pendle-ton county, rendered at the April term, 1872, of said court, in a cause therein pending, in which William McCoy, executor of General William McCoy, deceased, wag plaintiff, and Benjamin McCoy, Wellington Holland, Elizabeth Holland, his wife, Wilson G. Beger, Daniel I. Beger, Augustus B. Miller, Artemas Miller, Leora Miller and Addison McCoy, administrator of Lucinda Rexroad, deceased, devisees of said General William…

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Appeal from a decree of the circuit court .of Pendle-ton county, rendered at the April term, 1872, of said court, in a cause therein pending, in which William McCoy, executor of General William McCoy, deceased, wag plaintiff, and Benjamin McCoy, Wellington Holland, Elizabeth Holland, his wife, Wilson G. Beger, Daniel I. Beger, Augustus B. Miller, Artemas Miller, Leora Miller and Addison McCoy, administrator of Lucinda Rexroad, deceased, devisees of said General William McCoy, were defendants. The fa°ts of the case appear in the opinion of this Court. Hon. John T. Hoke, judge of said circuit…

1Opinion of the Court

Moojre, Jurge :

Benjamin McCoy, one of the defendants, has taken this appeal under the law as it existed before the act approved December 21, 1872, and therefore has reached this Court upon undertaking and notice, and not upon appeal granted on petition as now required.

Printed with the record is what purports to be a petition for appeal and supersedeas, assigning errors, which has been treated by the appellees in the argument, as the brief of the appellant; and although not strictly within the requisition of the rules, the court, for the purposes of this case, will ex gratia so view it.

The…

2Cases cited2 opinions

  1. Meeker v. GardellaWashington Supreme Court · 1890
  2. Craig v. SebrellSupreme Court of Virginia · 1852

3Cited by10 opinions

  1. McCoy v. McCoyWest Virginia Supreme Court · 1887
  2. Findley v. SmithWest Virginia Supreme Court · 1896
  3. Dower v. ChurchWest Virginia Supreme Court · 1882
  4. Evans v. HaleWest Virginia Supreme Court · 1948
  5. Boggs v. McCoyWest Virginia Supreme Court · 1879

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