Roberts v. Gruber
West Virginia Supreme Court
Appeal from Circuit Court, Cabell County. Bill by Annie M. Roberts and others against Sarah Gruber and others. From decree for defendants, plaintiffs appeal.
1Opinion of the Court
RobiNSON, Judge :
The original and amended bills in this cause were rightly dismissed on demurrer. They made no case cognizable in a court of equity.
The original bill sought the removal of cloud from title without alleging that plaintiffs were in possession of the land, or other facts taking the case out of the general rule in that regard. It was therefore plainly insufficient. The amended bill sought to change the character of the cause and to present matters that a court of equity would hear. But in this it signally failed.
Gruber in his lifetime made a deed to his wife for a iot in Central…
2Cited by2 opinions
- Sands v. Security Trust CompanyWest Virginia Supreme Court · 1958
- Jones v. SmithWest Virginia Supreme Court · 1918