Legal Opinion

Timberlake v. Heflin

West Virginia Supreme Court

Decided March 13, 1989No. 17978PublishedCited by 18 opinions

1Opinion of the Court

MILLER, Justice:

We consider in this case the enforceability of a parol contract for the transfer of certain joint property between husband and wife. The Berkeley County Circuit Court concluded that the contract was unenforceable due to the lack of a memorandum sufficient to comply with W.Va.Code, 36-1-3. We conclude that there was sufficient compliance.

I

Richard L. Timberlake and Sherry L. Timberlake were married on July 24, 1976. They purchased a two-bedroom home in Berkeley County on June 9, 1977. Their deed expressly provided that they were to hold the property as joint tenants with the…

2Cases cited49 opinions

  1. LaRue v. LaRueWest Virginia Supreme Court · 1983
  2. Zlotziver v. ZlotziverSupreme Court of Pennsylvania · 1946
  3. Patterson v. PattersonWest Virginia Supreme Court · 1981
  4. Bruce v. DyerCourt of Appeals of Maryland · 1987
  5. Drake v. LivesaySupreme Court of Virginia · 1986

44 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Bruce v. ColeSupreme Court of Alabama · 2003
  2. Hoover v. MoranWest Virginia Supreme Court · 2008
  3. Holbrook v. HolbrookWest Virginia Supreme Court · 1996
  4. Dwyer v. First National Bank (In Re O'Brien)District Court, S.D. West Virginia · 2009
  5. Powell v. Bank of America, N.A.District Court, S.D. West Virginia · 2012

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API