Legal Opinion

McMillan v. Ferrell

West Virginia Supreme Court

Decided February 25, 1874PublishedCited by 26 opinions

An appeal from an order of the Hon. George Loomis, then judge of the ninth judicial circuit, as organized by the act passed July 17th, 1868, dated May 10th, 1871., awarding an injunction, in vacation, to Jordan McMiL lan, the complainant in the bill, against William Ferrell and Benjamin H. Smith, the respondents, The bill, after alleging that the complainant received a conveyance from one McFarland for eight thousand acres of land in Roane county, this State; that on the…

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An appeal from an order of the Hon. George Loomis, then judge of the ninth judicial circuit, as organized by the act passed July 17th, 1868, dated May 10th, 1871., awarding an injunction, in vacation, to Jordan McMiL lan, the complainant in the bill, against William Ferrell and Benjamin H. Smith, the respondents, The bill, after alleging that the complainant received a conveyance from one McFarland for eight thousand acres of land in Roane county, this State; that on the 16th day of August, 1870, the jury in a certain action of ejectment then pending in the circuit court of said Roane county,…

1Opinion of the Court

HayjioND, President:

Plaintiff presented his bill to the Hon. George Loomis, then judge of the ninth judicial circuit, as organized by the act of July 17, 1868, though the same was addressed to the Hon. Pobert S. Brown, then judge of the circuit court of Boane county, praying that defendants, and each of them, and their agents, be enjoined from clearing, cutting timber upon or trespassing on the land in the bill mentioned; and, also, from removing from the land the timber that they or either of them, have cut, or caused to be cut thereon. And on the 10th day of May, 1871, judge Loomis granted…

2Cited by26 opinions

  1. Bettman v. HarnessWest Virginia Supreme Court · 1896
  2. Western M. & M. Co. v. Virginia Cannel Coal Co.West Virginia Supreme Court · 1877
  3. Wiggins & Johnson v. WilliamsSupreme Court of Florida · 1895
  4. Cresap v. KembleWest Virginia Supreme Court · 1885
  5. Cox v. DouglassWest Virginia Supreme Court · 1882

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