Johnson's Ex'ors v. Johnson's Heirs
West Virginia Supreme Court
Appeal from Circuit Court, Greenbrier County. Suit by A. E. Johnson’s Executors against A. E. Johnson’s Heirs, and others, to judicially determine testator’s debts with petition in the cause by May Irons and answer to petition in nature of a cross-bill by W. E. McClung and wife. Decree for May Irons against W. E. McClung, and dissolving an injunction awarded in vacation restraining the trustee’s sale, and McClung and wife appeal.
1Opinion of the Court
Williams, Judge:
This appeal by W. E. McClung and Reída McClung, his wife, from a decree made on the 14th of September, 1917, in the suit of A. E. Johnson’s Executors against A. E. Johnson’s Heirs and others for the purpose of having the testator’s debts judicially determined and the lands devised by him sold to pay the same, presents the following questions, viz.:
■ (1) Can a debtor of an insolvent estate set off a debt owing by the estate for which he is liable as surety?(2) Where the deceased, in his lifetime, accepted money from another to be invested.for the latter’s benefit and lent it to…
2Cases cited12 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
- Tuscumbia, Courtland & Decatur Rail Road v. RhodesSupreme Court of Alabama · 1845
- Becker v. NorthwaySupreme Court of Minnesota · 1890
- Coffin v. . McLeanNew York Court of Appeals · 1880
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3Cited by4 opinions
- Dickenson v. CharlesSupreme Court of Virginia · 1939
- O'Connell v. NelsonAppellate Court of Illinois · 1935
- Waugh v. HoodWest Virginia Supreme Court · 1938
- Waugh v. HoodWest Virginia Supreme Court · 1938