Gillespie v. Bailey
West Virginia Supreme Court
Appeal granted upon the petition of Charles P. Bailey to a final decree of the circuit court of the county of Wood, rendered on the 5th day of October 1869, in a cause in chancery in said court then pending, in which John Gillespie and wife were plaintiffs, and said Charles P. Bailey and others were defendants.
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Appeal granted upon the petition of Charles P. Bailey to a final decree of the circuit court of the county of Wood, rendered on the 5th day of October 1869, in a cause in chancery in said court then pending, in which John Gillespie and wife were plaintiffs, and said Charles P. Bailey and others were defendants. Green, President, furnishes the folio wing statement of the case: John James in 1797 purchased of Joseph Spencer a tract of land of about seven hundred acres on Stillwell’s creek, in Wood county. About the year 1800 John James died intestate leaving nine children, two of whom died…
1Opinion of the Court
Green, President,
delivered the opinion of the Court:
The first point which arises on this record is : should this appeal be dismissed because impío vidently awarded? If the decree of February 17, 1847, was a final decree, then this appeal, being taken more than five years after its rendition, ought to be dismissed as improvidently awarded, otherwise it should not. The decisions in Virginia on the question, what decree is final and what interlocutory, are very numerous, and perhaps not altogether consistent; most of them are referred to in the case of Manion v. Fahy, reported in 11 W. Va.…
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