Bradley v. Ewart
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Raleigh, rendered at the November term thereof in the year 1876, in an action in said court then pending, wherein John I). Bradley and others were plaintiffs, and John S. Ewart and others were defendants, allowed upon the petition of said defendants. Hon. Evermont Ward,.judge of the ninth judicial circuit, rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the circuit court of the county of Raleigh, rendered at the November term thereof in the year 1876, in an action in said court then pending, wherein John I). Bradley and others were plaintiffs, and John S. Ewart and others were defendants, allowed upon the petition of said defendants. Hon. Evermont Ward,.judge of the ninth judicial circuit, rendered the judgment complained of. JOHNSON, President, furnishes the following statement of the case : In May, 1874, John D. Bradley filed his declaration in ejectment in the circuit court of Raleigh county,…
1Opinion of the Court
JOHNSON, President,
announced the opinion of the Court:
In this Court the plaintiff moved to dismiss the writ of error and supersedeas, on the ground, “that after the judgment, and before the writ of error was granted, the interest of the defendants, if any they had in the land in controversy, had been divested by forfeiture and vested in the State and enured to the benefit of the plaintiff, Bradley.” In support of this motion written evidence and affidavits were filed. Many authorities are relied upon by counsel for the defendant in error to sustain this position ; but an examination of nearly…
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