Belcher v. Gaston
West Virginia Supreme Court
This suit began by a summons in trespass, for cutting and removing timber from the lands of the plaintiff, Joseph Belcher, by William Gaston and others, before a justice of Malden township, Kanawha county. The summons was dated in January, 1870. Before the case was heard, the defendant made affidavit that “ the title to real property would come in question” in the suit.
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This suit began by a summons in trespass, for cutting and removing timber from the lands of the plaintiff, Joseph Belcher, by William Gaston and others, before a justice of Malden township, Kanawha county. The summons was dated in January, 1870. Before the case was heard, the defendant made affidavit that “ the title to real property would come in question” in the suit. The plaintiff filed a counter affidavit, averring that the title to real estate could not and would not come in question. Judgment, after the hearing of the case, was rendered for the plaintiff on the 15th of January, 1870.…
1Opinion of the Court
Berkshire, President.
The sole question we are required to consider in this case is, whether, under the 11th section of chapter 50 of the Code, page 341, a justice has jurisdiction to try actions for trespass to real estate, in a case where the title to such real estate is drawn in question. I think it very clear he has not. The first clause of the section which confers on him jurisdiction to try actions for trespass on real estate, is qualified and limited by the latter clause of the section which provides that the justice “ shall not have jurisdiction of any suit in which the title to real…
2Cited by1 opinion
- Philip Carey Manufacturing Co. v. WatsonWest Virginia Supreme Court · 1905