Houser v. Ruffner
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of Kanawha county, entered on the 16th day of December, 1879, in a cause in said court .then pending, wherein J. A. Houser and wife were plaintiffs, and David L. Kuffner, adm’r. and others were defendants, allowed upon the petition of said ftuflner. The circuit court of Kanawha county rendered the decree appealed from.
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Appeal from and supersedeas to a decree of the circuit court of Kanawha county, entered on the 16th day of December, 1879, in a cause in said court .then pending, wherein J. A. Houser and wife were plaintiffs, and David L. Kuffner, adm’r. and others were defendants, allowed upon the petition of said ftuflner. The circuit court of Kanawha county rendered the decree appealed from. PattoN, Judge, furnished the following statement of the case: James C. McFarland died in 1864, leaving a will. The will provides: “First. I will and desire that all my just debts and funeral charges be paid. To that…
1Judgment of the CourtPattoN, Judge
There are a number of questions raised by the record in this case, which have been argued by counsel. I deem it necessary to consider only two. If in the suit brought by Cecil and wife it was adjudicated by the court, what interest Maria McFarland took under the will of James C. McFarland in the personalty, whether an absolute estate or only an estate for Iife; that adjudication can not be called in question in this suit, and the rights of the parties must be considered as settled and determined. It is necessary then to see, whether that question was in issue in that suit and adjudicated by…
2Cases cited5 opinions
- Western M. & M. Co. v. Virginia Cannel Coal Co.West Virginia Supreme Court · 1877
- Dawes v. SwanMassachusetts Supreme Judicial Court · 1808
- Bell's Admr. v. HumphreyWest Virginia Supreme Court · 1874
- Cook v. HolmesMassachusetts Supreme Judicial Court · 1814
- Frazer's adm'r v. BevillSupreme Court of Virginia · 1854
3Cited by18 opinions
- Bartlett v. PattonWest Virginia Supreme Court · 1889
- Graham v. GrahamWest Virginia Supreme Court · 1883
- In Re: ConleyWest Virginia Supreme Court · 1940
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Estate of GarrityCalifornia Supreme Court · 1895
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