Crislip v. Cain
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of the county of Roane rendered on the 20th day of March, 1880, in a cause in said court then pending, wherein Sarah A. Crislip, guardian, &c., was plaintiff, and Rezin Cain was defendant, allowed upon the petition of said Cain. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decree appealed from.
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Appeal from and supersedeas to a decree of the circuit court of the county of Roane rendered on the 20th day of March, 1880, in a cause in said court then pending, wherein Sarah A. Crislip, guardian, &c., was plaintiff, and Rezin Cain was defendant, allowed upon the petition of said Cain. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decree appealed from. Green, Judge, furnishes the following statement of the case: This cause was originally a suit brought under chapter 83 of our Code for the sale of lands of the infant children the heirs of Allen Crislip, deceased.…
1Opinion of the Court
Green, J udge,
announced the opinion of the Court:
The first question presented by the record is : Had the court below jurisdiction to render any decree on this rule against Rezin Cain, on March 20, 1880? The record shows, that Sarah A. Crislip, the plaintiff in this cause, had died prior to March 18, 1880, for on that day her death was suggested, as appears from an order made in the proceedings on this rule upon that day. This order says, that “on motion of the defendants, who are entitled to the proceeds of the sale of said tract of land, it is ordered, that A. Cain, who is appointed a…
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