Legal Opinion

McDermitt v. Newman

West Virginia Supreme Court

Decided March 31, 1908PublishedCited by 5 opinions

Appeal from Circuit Court, Mason County. Bill by F. E. Newman against I. Y. Newman and others. Plaintiff died, and the suit was revived in the name of J.. 0. MeDermitt, sheriff, her administrator. Judgment for plaintiff, and I. Y. Newman and another appeal.

1Opinion of the Court

RobiksoN, Judge:

This appeal is- on behalf of I. V. Newman and Emma L. Newman, defendants with others in the suit of F. E. Newman, which, after plaintiff’s death, was revived and prosecuted in the name of J. 0. MeDermitt, sheriff, her administrator. The bill sought to declare a judgment confessed by I. V. Newman in favor of P. C. Eastham to be an unlawful preference, because of debtor’s insolvency at the time, over debts due plaintiff from him,' and the subjection of debtor’s real estate to the payment of such debts. Other defendants were shown to have prior liens on the land, by deeds of…

2Cases cited3 opinions

  1. Gallatin Land, Coal & Oil Co. v. DavisWest Virginia Supreme Court · 1897
  2. Parsons v. SniderWest Virginia Supreme Court · 1896
  3. Neff v. WoodingSupreme Court of Virginia · 1887

3Cited by5 opinions

  1. Lamp v. LockeWest Virginia Supreme Court · 1921
  2. State Ex Rel. Watson v. RodgersWest Virginia Supreme Court · 1946
  3. Eagle Land Co. v. JarrellWest Virginia Supreme Court · 1923
  4. Sulzberger & Sons Co. v. Fairmont Packing Co.West Virginia Supreme Court · 1920
  5. Board of Trustees of Lewis Prichard Charity Fund v. Mankin Investment Co.West Virginia Supreme Court · 1937

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