Copley v. Ball
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the Southern District of West Virginia, at Charleston. Action by Millard E. Ball, Nannie E. Reed, John Reed, R. Louisa Paisley, Rosa Lee Eindley, and Charles Findley against William M. Copley, Yawkey & Freeman Company, Limited, and others. Judgment for plaintiffs, and defendants bring error.
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In Error to the Circuit Court of the United States for the Southern District of West Virginia, at Charleston. Action by Millard E. Ball, Nannie E. Reed, John Reed, R. Louisa Paisley, Rosa Lee Eindley, and Charles Findley against William M. Copley, Yawkey & Freeman Company, Limited, and others. Judgment for plaintiffs, and defendants bring error. This is an action in ejectment instituted in the Circuit Court of the United States for the Southern district of West Virginia by Millard F. Ball, Nannie F. Reed. R. Louisa Paisley, and Rosa Lee Findley, four of the twelve children and heirs at law of…
1Opinion of the CourtPritchard, Circuit Judge
(after stating the facts as above). The plaintiffs below bring this action in ejectment to recover certain lauds described in the complaint.
It is insisted by plaintiffs in error “that a plaintiff in ejectment can never recover upon an equitable title.” This is a broad proposition and is subject to many exceptions; but we do not think this question arises in this controversy, as will hereinafter appear.
The plaintiffs allege that they are the heirs at law of Eliza Jane Ball, who, under the will of her father (Parkinson Shumate), held a life estate in the lands in controversy with a remail) der…
2Cases cited15 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. BackusSupreme Court of the United States · 1894
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- Kennon v. GilmerSupreme Court of the United States · 1889
- Miller v. United StatesSupreme Court of the United States · 1871
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3Cited by4 opinions
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