McCandless v. Warner
West Virginia Supreme Court
Johnson, President, furnishes the following statement of the case: The plaintiffs filed their bill in March, 1882, in the circuit court of Wood county against Z. Warner, W. H. Wolfe and Samuel Stewart.
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Johnson, President, furnishes the following statement of the case: The plaintiffs filed their bill in March, 1882, in the circuit court of Wood county against Z. Warner, W. H. Wolfe and Samuel Stewart. The bill alleges, that J. B. McCandless was the owner of one undivided half of oil-lease No. 58 at White Oak in said county, and that afterwards Susannah McCandless, the wife of said J. B. McCandless, sold her house and lot in Parkersburg, her own separate property, and bought the other undivided half of said lease; that the property was valuable for the petroleum thereon, which was of a…
1Opinion of the Court
Johnson, President:
The depositions show, that Warner many times stated, that he had bought one half of said property for Mrs. McCandless. Mrs. McCandless in her deposition shows clearly and conclusivély, that she wrote the letter of which Warner speaks in his answer, and sent it to Mr. Needham before and not after the sale, and exhibits the letter, which she says Mr. Needham handed to her to be used in this suit. She says : “The property was purchased by JDr. Warner to secure the one half for me. When I knew the property would be sold, I saw Dr. Warner and asked him if he could in any way…
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