Jarrett v. Kimbrough
West Virginia Supreme Court
Appeal from Circuit Court, Putnam County. Suit by James W. Jarrett against Mary E. Kimbrough to cancel a tax deed. Plaintiff’s bill was dismissed on demurrer, and he appeals.
1Dissent
Mjcller, Judge,
(dissenting) :
The demurrer to the bill admits as true that the land involved was returned delinquent and sold in the name of ISTorena Lambert instead of Norma E. Lambert, in whose name it was assessed for taxation. The error occurred in the delinquent return and it was carried into the sales return etc. I think this was a fatal mistake in the delinquent list, and according to our prior decisions amounted to no return quo ad the land of plaintiff. True, the mistake occurs in the Christian name, but “Norena” is not the equivalent of “Norma E.” The mistake was such as might…
2Cases cited4 opinions
- Collins v. RegerWest Virginia Supreme Court · 1907
- Ritchie Lumber Co. v. NutterWest Virginia Supreme Court · 1909
- Friedman v. CraigWest Virginia Supreme Court · 1915
- Plaster v. HarmonWest Virginia Supreme Court · 1912