Ruddle v. Ruddle

I respectfully dissent from the decision of the Court in this case, and would affirm the decree of the Circuit Court of Pendleton County for reasons hereinafter stated.

Certain fundamental principles of law established by statute and decisions of this Court must be carefully considered in reviewing this record. Code, 36-1-3, the statute of Frauds, and Code, 57-3-1, which is often referred to as the deceased persons’ statute, are of unusual pertinence. In Goff and Goff, etc. v. Lowe, et al., 101 W. Va. 57, 131 S. E. 870, this Court held that there is no implied author*92ity in one cotenant to act…