Smith v. Greene
West Virginia Supreme Court
Appeal from Circuit Court, Harrison County. Suit by John B. Smith and others against Charles Greene and others. Prom the decree, defendants Nannie Fisher and others appeal.
1Opinion of the Court
Lynch, Judge:
As owners of one-eighth of the coal within a tract of 18.74 acres of land, plaintiffs sought partition against defendants as owners of the other interests, six of them an eighth each and four’of them a thirty-second each. Prom a decree directing partition by sale and distribution of the proceeds, five defendants have appealed. The propriety of this mode of partition is the sole question presented for review.
The bill avers the title and interests of the parties, that the coal is not susceptible of partition in kind, and prays for the relief granted by the decree. Plaintiffs also…
2Cases cited13 opinions
- Croston v. MaleWest Virginia Supreme Court · 1904
- Mitchell v. ClineCalifornia Supreme Court · 1890
- Herold v. CraigWest Virginia Supreme Court · 1906
- Henrie v. JohnsonWest Virginia Supreme Court · 1886
- Conrad v. CrouchWest Virginia Supreme Court · 1910
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Consolidated Gas Supply Corp. v. RileyWest Virginia Supreme Court · 1978
- Wight v. Ingram-Day Lumber Co.Mississippi Supreme Court · 1944
- Loudin v. CunninghamWest Virginia Supreme Court · 1918
- Garlow v. MurphyWest Virginia Supreme Court · 1932
- Ark Land Co. v. HarperWest Virginia Supreme Court · 2004
17 more not listed; retrieve them via the Exa API.