Legal Opinion

Helmick v. Kraft

West Virginia Supreme Court

Decided May 6, 1919PublishedCited by 4 opinions

Appeal from Circuit Court, Harrison County. Bill for partition by Mary D. Helmick against Helen G-. Kraft, an infant, etc. From, a decree ordering a sale, defendant appeals.

1Opinion of the Court

1 V>l' GGNBARGER, JUDGE:

On this appeal from a decree in a partition suit, ordering a sale of real estate for insusceptibility of division in Hud, the entire procedure is assailed, the bill as to its sufficiency on its face, the status of the case as to parties and the final decree.

Following the form prescribed by Hogg’s Equity Procedure, sec. 967, and fully measuring up to the requirements of the standard prescribed in Richmond v. Richmond, 62 W. Va., 206, and Martin v. Martin, 95 Va., 26, the bill is amply sufficient, and the court properly overruled the demurrer. Describing the property in…

2Cases cited20 opinions

  1. Stewart v. TennantWest Virginia Supreme Court · 1903
  2. Cochran v. ThomasSupreme Court of Missouri · 1895
  3. Loomis v. RileyIllinois Supreme Court · 1860
  4. Haggerty v. WagnerIndiana Supreme Court · 1897
  5. Thruston v. MinkeCourt of Appeals of Maryland · 1870

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3Cited by4 opinions

  1. Tompkins v. KyleWest Virginia Supreme Court · 1924
  2. Farmers & Merchants National Bank & Trust Co. v. JanneyWest Virginia Supreme Court · 1936
  3. Hatfield v. HatfieldWest Virginia Supreme Court · 1922
  4. Ragland Coal Co. v. SpencerWest Virginia Supreme Court · 1922

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