Renick v. Ludington
West Virginia Supreme Court
(*Snydeb, Judge, Absent.) Appeal from and supersedeas to two decrees of the circuit court of tlie comity of Greenbrier, rendered respectively on the 11th day of November, 1879, and on the 16th day of June, 1880, in a cause in said court then pending, wherein B. F. Benick was plaintiff, and Samuel C. Ludington and others were defendants, allowed upon the petition of Garland Brown and F. H. Ludington.
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(*Snydeb, Judge, Absent.) Appeal from and supersedeas to two decrees of the circuit court of tlie comity of Greenbrier, rendered respectively on the 11th day of November, 1879, and on the 16th day of June, 1880, in a cause in said court then pending, wherein B. F. Benick was plaintiff, and Samuel C. Ludington and others were defendants, allowed upon the petition of Garland Brown and F. H. Ludington. Hon. Ilomer A. Holt, judge of the eighth judicial circuit rendered the decrees appealed from. The following statement of the case is furnished by Green, Judge: B. F. Benick in September, 1874,…
1Judgment of the CourtGeeen, Judge
The first question presented hy this record is, whether the decree of the circuit court of Greenbrier of June 25, 1877, approved hy this Court on the former appeal is conclusive on the present appellants Garland Brown and F. II. Ludington as res adjudicata. This decree so approved and affirmed decided, that the tract of land of four hundred and fifty acres conveyed hy S. C. Ludington as trustee for the sole use of Mrs. E. T. Ludington was now to he regarded and treated as unsold land of Samuel C. Ludington, and the judgment debt of Michael Fleshman is a lion upon the same. The record shows,…
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