Fulton v. Johnson
West Virginia Supreme Court
Gkeen, Jud&e, furnishes the following statement of the ease: Virginia Fulton, Presley W. Iliett, Martha Johnson and Khuhama Darling, and also Thomas G. Rector, James H. Rector, Enoch Rector and Emma H. Rector, infants who sued by their next friend Thomas Rector, brought an action of ejectment against Joshua Johnson in the circuit court of Wood county to recover a certain tract of land containing three hundred acres more or less in said county.
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Gkeen, Jud&e, furnishes the following statement of the ease: Virginia Fulton, Presley W. Iliett, Martha Johnson and Khuhama Darling, and also Thomas G. Rector, James H. Rector, Enoch Rector and Emma H. Rector, infants who sued by their next friend Thomas Rector, brought an action of ejectment against Joshua Johnson in the circuit court of Wood county to recover a certain tract of land containing three hundred acres more or less in said county. The plaintiffs were heirs at law of Jane Hiett, deceased; and they filed their declaration in the circuit court of Wood county on March 8, 1880. This…
1Opinion of the Court
Green, Judge:
The first error assigned in the argument of the counsel for the plaintiff in error is, that the husbands of the female plaintiffs, who were heirs of James ITiett, deceased, were necessary parties to this suit; and they not having been made parties, the plaintiffs were not entitled to recover.. The plaintiffs under the declaration claim the tract of laud in controversy jointly against the defendant; and they cannot recover, unless *105they show, that they had a joint right to the possession, which, the evidence discloses, they did not have at the time of the commencement of the…
2Cases cited16 opinions
- Brobst v. BrockSupreme Court of the United States · 1871
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Jackson ex. dem. Merrit v. BowenNew York Supreme Court · 1827
- Robinson v. . RyanNew York Court of Appeals · 1862
- Beatie v. ButlerSupreme Court of Missouri · 1855
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3Cited by8 opinions
- Cecil v. ClarkWest Virginia Supreme Court · 1898
- Seim v. O'GradyWest Virginia Supreme Court · 1896
- Bragg v. WisemanWest Virginia Supreme Court · 1904
- Calvert v. MurphyWest Virginia Supreme Court · 1914
- Charles v. CharlesSupreme Court of Virginia · 1852
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