Meyer v. Kuhn
Court of Appeals for the Fourth Circuit
Appeal from the Circuit Court of the United States for the District of West Virginia. 'This was a suit by Elizabeth Meyer, widow of Henry Meyer, deceased, and Hannah E. Forbes, Emily A. King, and Levina E. Con-row, children, heirs, and distributees of the estate of Henry Meyer, deceased, against James L Kuhn, Samuel S. Vinson, John N. Hauser, and Charles E. Henderson, to remove a cloud upon title to real estate. A demurrer to the bill was sustained, and complainants appeal.
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Appeal from the Circuit Court of the United States for the District of West Virginia. 'This was a suit by Elizabeth Meyer, widow of Henry Meyer, deceased, and Hannah E. Forbes, Emily A. King, and Levina E. Con-row, children, heirs, and distributees of the estate of Henry Meyer, deceased, against James L Kuhn, Samuel S. Vinson, John N. Hauser, and Charles E. Henderson, to remove a cloud upon title to real estate. A demurrer to the bill was sustained, and complainants appeal. Appellants, describing themselves as “Elizabeth Meyer, widow of Henry Meyer, deceased, and executrix of the last will…
1Opinion of the CourtFuller, Chief Justice
I The demurrer rested, substantially, on two grounds: First, that the decree in the partition suit determined the title to the land, and must be given effect as a bar; second, if not, that the tax deed to Kuhn was valid, and vested title in the lands in him, of which he was not divested by the alleged redemption. The circuit court sustained the demurrer upon the first of these grounds, and was of opinion that complainants should have proceeded to obtain the vacation of the decree in the suit in which it was rendered, as provided by statute, and that, so long as they did not so proceed, that…
2Cases cited25 opinions
- Reynolds v. StocktonSupreme Court of the United States · 1891
- Arndt v. GriggsSupreme Court of the United States · 1890
- Guaranty Trust and Safe Deposit Co. v. Green Cove Springs and Melrose RailroadSupreme Court of the United States · 1891
- Marx v. HanthornSupreme Court of the United States · 1893
- Dubois v. HepburnSupreme Court of the United States · 1836
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3Cited by5 opinions
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- City of Muskogee v. KlotzSupreme Court of Oklahoma · 1930