Dower v. Church
West Virginia Supreme Court
Appeal from a decree of the circuit court of the county of Mason, rendered on tiré first day of November, 1877, in a cause in said court then pending, wherein Teresa Dower and others were plaintiffs, and Ann E. Church and others were defendants, allowed upon the petition of said defendants. Hon. Joseph Smith, judge of'the seventh judicial circuit, rendered the decree appealed from.
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Appeal from a decree of the circuit court of the county of Mason, rendered on tiré first day of November, 1877, in a cause in said court then pending, wherein Teresa Dower and others were plaintiffs, and Ann E. Church and others were defendants, allowed upon the petition of said defendants. Hon. Joseph Smith, judge of'the seventh judicial circuit, rendered the decree appealed from. The issue devisavit vel non stands on a very different footing from an ordinary issue out of chancery; it is a law issue tried under the supervision of the chancellor, and not for the information of the conscience,…
1Opinion of the Court
Green, Judge,
furnishes the following statement of the case:
John J. Weaver, was married December 29, 1829, and lived with his wife till his death, January 15, 1876. He never had any children by her, but after he had been married some twenty years, he had habitually illicit intercourse with one Anna Maria Weaver. In 1850, while such illicit intercourse existed, she had a'daughter, Anna Eliza. There was some uncertainty as to who was the father of this child, but it was believed by John J. Weaver, not to be his child, but the child of one McFarland, who was also having illicit intercourse with…
Also in this document: Judgment of the Court.
2Cases cited38 opinions
- Peck v. . CaryNew York Court of Appeals · 1863
- Coffin v. . CoffinNew York Court of Appeals · 1861
- Miller v. Insurance Co.West Virginia Supreme Court · 1877
- Grinnell v. PhillipsMassachusetts Supreme Judicial Court · 1805
- Jarrett v. JarrettWest Virginia Supreme Court · 1877
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3Cited by34 opinions
- Kerr v. LunsfordWest Virginia Supreme Court · 1888
- Kennedy v. WalcuttOhio Supreme Court · 1928
- Ward v. BrownWest Virginia Supreme Court · 1903
- Ritz v. KingdonWest Virginia Supreme Court · 1953
- Ritz v. KingdonWest Virginia Supreme Court · 1953
29 more not listed; retrieve them via the Exa API.