Mettert's adm'r v. Hagan
Supreme Court of Virginia
In August, 1866, John Hagan filed his hill in the Circuit Court of the city of Richmond against the administrator of George W. Mettert deceased, and others, in -which stated, that in July, 1859, George W. Mettert, by deed wag exhibited with the bill, conveyed to the plaintiff his interest in the estate of Dr, John H. Mettert deceased. That this estate had been sold and invested under the discretion of the court m two suits pending therein.
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In August, 1866, John Hagan filed his hill in the Circuit Court of the city of Richmond against the administrator of George W. Mettert deceased, and others, in -which stated, that in July, 1859, George W. Mettert, by deed wag exhibited with the bill, conveyed to the plaintiff his interest in the estate of Dr, John H. Mettert deceased. That this estate had been sold and invested under the discretion of the court m two suits pending therein. And he asked that the share of said estate to which George W. Mettert was entitled as heir and distributee of Dr. Mettert might be decreed to him. The deed…
1Opinion of the CourtJotnes, J.
The court is of opinion, that the said Circuit Court erred in rendering a decree in favor of the appellee Hagan, without first causing issues to be tried by a jury as hereinafter directed. Therefore it is decreed and ordered, that the said decree be reversed and annulled, and that the appellee Hagan pay to the appellant his costs by him expended in the prosecution of his appeal aforesaid here.
And this court proceeding to pronounce such decree as the said Circuit Court ought to have pronounced, it is further decreed and ordered, that a jury be empanelled at the bar of the said Circuit Court,…
2Cited by26 opinions
- Sturm v. FlemingWest Virginia Supreme Court · 1883
- Kendrick v. WhitneySupreme Court of Virginia · 1877
- Cralle v. CralleSupreme Court of Virginia · 1884
- Cunningham v. HedrickWest Virginia Supreme Court · 1884
- Snouffer's Adm'r v. HansbroughSupreme Court of Virginia · 1884
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