Legal Opinion · Dissent

Ray v. Hey

West Virginia Supreme Court

Decided September 21, 1990No. 19613Published

1DissentMiller, Justice

By casting the main issue in this case in a false light, i.e., that it involves an action to clear title to land, the majority arrives at the predictable conclusion that suit must be brought in the county where the land is located. The central issue is not a title dispute; rather, the controversy involves an alleged breach of contract, a breach of the duty of good faith and fair dealing, and fraudulent misrepresentation. Further factual development illustrates how the majority has misconstrued the facts to support the result it has reached.

I

According to the pleadings, petitioners Everett W.…

2Cases cited13 opinions

  1. State v. FredlockWest Virginia Supreme Court · 1902
  2. Lawrence v. DuBoisWest Virginia Supreme Court · 1880
  3. Shobe v. LatimerWest Virginia Supreme Court · 1979
  4. Witten v. St. ClairWest Virginia Supreme Court · 1886
  5. McConaughey & Co. v. Bennett's ExecutorsWest Virginia Supreme Court · 1901

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