Legal Opinion · Dissent

Logan v. Ward

West Virginia Supreme Court

Decided November 21, 1905Published

Appeal from Circuit Court, Randolph County. Bill by James H. Logan against Wirt C. Ward and Elihu Hutton. Decree for defendants, and the heirs of said plaintiff appeal.

1DissentPoffeNbarger, Judge

The decree in this cause, which the Court now affirms, does not merely dismiss the bill because plaintiffs fail to show their title to the land, covered by the patent which they wish to cancel, and thus remove a cloud from their title, but determines that the plaintiffs have no title and that the defendants have. The decree reads as follows: “It is therefore adjudged, ordered and decreed that the plaintiffs take nothing by their said bill and suit, that the same be wholly dismissed and that the said defendants,” etc.

Believing as I do that, under our practice, the ordinary equity jurisdiction,…

2Cases cited7 opinions

  1. Stark v. StarrsSupreme Court of the United States · 1868
  2. Phelps v. HarrisSupreme Court of the United States · 1880
  3. Orton v. SmithSupreme Court of the United States · 1856
  4. Freer v. DavisWest Virginia Supreme Court · 1902
  5. Phelps v. HarrisMississippi Supreme Court · 1875

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