Wellman v. Tomblin

84 S.E.2d 617 (1954)

S. B. WELLMAN

v.

James I. TOMBLIN, et al.

No. 10656.

Supreme Court of Appeals of West Virginia.

Submitted September 14, 1954.

Decided October 26, 1954.

Dissenting Opinion November 22, 1954.

J. Floyd Harrison, Wayne, for appellants.

Daugherty & Daugherty, Huntington, for appellee.

BROWNING, Judge.

This is a chancery suit brought by the plaintiff, in the Circuit Court of Wayne County, to recover possession of a certain tract of real estate, hereinafter designated as Tract No. 3, and to partition two other tracts, hereinafter designated as Tracts Nos. 1 and 2, in which he alleges…