Brown v. Brown

Haymond, Judge:

This proceeding was certified to this Court by the Circuit Court of Preston County. The certificate presents the question of the sufficiency of an amended petition filed by Izetta Brown Smith against the defendant, Joseph W. Castle, in a suit in equity, styled Izetta Jewel Brown versus Jesse T. Brown and others, instituted in the Circuit Court of Preston County in 1916, which was formerly on the docket of that court but which was dismissed by decree entered February 29, 1936.

After due notice to the defendant, returnable March 25, 1950, Izetta Brown Smith, on that day filed a…