McClure v. Glady Fork Lumber Co.
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the Northern District of West Virginia, at Philippi. Action by the Glady Pork Dumber Company against John W. McClure, W. H. Tyson, and Charles H. Irvin. Judgment for plaintiff, and defendants bring error. Reversed.
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In Error to the Circuit Court of the United States for the Northern District of West Virginia, at Philippi. Action by the Glady Pork Dumber Company against John W. McClure, W. H. Tyson, and Charles H. Irvin. Judgment for plaintiff, and defendants bring error. Reversed. On May 7, 1842, David Goff, commissioner of forfeited and delinquent lands for Randolph county (then in the state of Virginia, but now in the state of West Virginia), reported a tract of land as forfeited in the name of Henry Phillips and John Law, containing 14,845 acres, and by order of the circuit superior court of law and…
1Opinion of the CourtPritchard, Circuit Judge
(after stating the facts as above). As appears from the statement of facts, this is an action instituted by the defendant in error as plaintiff in the court below against the plaintiffs in error who were the defendants below. Therefore reference will be made to the defendant in error, as plaintiff, and to the plaintiff *78in error, as defendant, in discussing the questions involved in this controversy.
The plaintiff alleges that it is the owner and possessed of all the timber upon a certain tract of land of - acres, being a part of lot No. 9 of the De Wees survey lying west of the top of Middle…
2Cases cited15 opinions
- Southern Development Co. v. SilvaSupreme Court of the United States · 1888
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- Shappirio v. GoldbergSupreme Court of the United States · 1904
- Farrar v. ChurchillSupreme Court of the United States · 1890
- Farnsworth v. DuffnerSupreme Court of the United States · 1891
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3Cited by3 opinions
- Sacramento Suburban Fruit Lands Co. v. KlaffenbachCourt of Appeals for the Ninth Circuit · 1930
- Ewart v. SquireCourt of Appeals for the Fourth Circuit · 1916
- Clevenger v. MayerLouisiana Court of Appeal · 1926