Fleming v. Holt
West Virginia Supreme Court
Appeal from, and supersedeas to, a decree of the circuit court of Gilmer county, rendered on the 22d day of May 1874, in a cause in chancery then pending ' in said court, wherein Robert B. Fleming, administrator de bonis non of Robert Linn deceased, was plaintiff, and John W. F. Holt, C. B. Conrad and John Webb were defendants, granted upon the petition of said John W. F. Holt.
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Appeal from, and supersedeas to, a decree of the circuit court of Gilmer county, rendered on the 22d day of May 1874, in a cause in chancery then pending ' in said court, wherein Robert B. Fleming, administrator de bonis non of Robert Linn deceased, was plaintiff, and John W. F. Holt, C. B. Conrad and John Webb were defendants, granted upon the petition of said John W. F. Holt. The Hon. James Monroe Jackson, judge of the fifth judicial circuit, rendered the decree complained of. Greek, PRESIDENT, furnished the following statement of the case: In 1867 Eobert F. Fleming, administrator de bonis…
1Opinion of the Court
Green, President,
delivered the opinion of the Court:
The first error assigned by the appellant’s counsel in this case is, that the bill should have been dismissed because the suit should have been brought for the specific performance by the trustee, Conrad, and not by the cestui que trust, Linn’s administrator, and that the allegation in the bill, “that the plaintiff had requested Conrad, the trustee, to institute this suit, but for some cause he had not done so, probably for want of means,” was no sufficient reason why Conrad’s name had not been used as plaintiff, as Linn’s administrator had…
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