McCoy v. McCoy
West Virginia Supreme Court
Statement of the case by Gkeen, J ubgb : On September 6,1873, Benjamin McCoy filed his bill in the Circuit Court of Barbour county against Addison McCoy and -McCoy, children and heirs of Lucinda Rex-roade, and also against Addison McCoy as administrator of said Lucinda Bexroade.
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Statement of the case by Gkeen, J ubgb : On September 6,1873, Benjamin McCoy filed his bill in the Circuit Court of Barbour county against Addison McCoy and -McCoy, children and heirs of Lucinda Rex-roade, and also against Addison McCoy as administrator of said Lucinda Bexroade. The bill alleges, that at the April term, 1872, Addison McCoy, as administrator of Lucinda Bexroade, recovered against Benjamin McCoy the sum of $1,302.90 with interest from April 11,1872, until paid, and $11.37 costs; and a copy of the judgment is filed as an exhibit. On this judgment a writ of fieri facias issued…
1Opinion of the Court
GREEN, Judge :
It will be seen from the statement above, that the propriety of the decree of October 6,1885, depended principally upon what was the real interest of Lucinda Bexroade in the residuary estate of Gen’l McCoy. Her interest had been sold, the bill alleges, to the plaintiff with a guarantee by her, that said interest was not less than one tenth of the estate ; and the judgment enjoined was obtained by her on Benjamin McCoy’s bonds, given for part consideration for such interest. The injunction was granted, principally on the ground that it had not been ascertained, what her interest…
2Cases cited12 opinions
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- Haymond v. CamdenWest Virginia Supreme Court · 1883
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