Batten v. Lowther
West Virginia Supreme Court
Appeal from Circuit Court, Ritchie County. Suit by H. 0. Batten, administrator of Thomas Batten, deceased, against Oliver Lowther, to enforce lien of a money decree, and, defendant dying, the suit was revived against J. F. Lowther, administrator, and others. From decree for plaintiff, defendants appeal.
1Opinion of the Court
■Williams, Judge:
On January 9, 1908, Ií. C. Batten, as administrator of Thomas Batten, deceased, brought this suit against Oliver Lowther to enforce the lien of a money decree against the lands of said Oliver Lowther. Pending the suit Oliver Low-ther departed this life, and it was revived against his personal representative, and heirs. The chancellor decreed in favor of plaintiff against J. F. Lowther, administrator, the sum of $1,376.93, payable out of the personal assets belonging to decedent’s estate, and also held it to be a lien upon a tract of 242 acres of land iñ Ritchié county,…
2Cases cited7 opinions
- Jackson ex dem. Sternberg v. ShafferNew York Supreme Court · 1814
- Townsend v. . WhitneyNew York Court of Appeals · 1878
- Kelly v. HamblenSupreme Court of Virginia · 1900
- Lamon v. GoldWest Virginia Supreme Court · 1913
- Springs v. Pharr.Supreme Court of North Carolina · 1902
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3Cited by5 opinions
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- Howard v. BlairWest Virginia Supreme Court · 1919