Kell v. Cumby

Lovins, Judge:

Certain phases of this cause were considered on the former appeal. 124 W. Va. 283, 20 S. E. 2d 461. The pleadings and facts as then developed were detailed in the opinion and require no restatement. The decree of the trial chancellor was reversed, it being held that the relief granted in the court below was different from that sought by the prayer of the bill of complaint, and the cause was remanded with right to amend.

The relief sought in the plaintiff’s original bill and considered when the cause was formerly here on appeal was based on the contention that the conveyance made…