McNeeley v. South Penn Oil Co.
West Virginia Supreme Court
Appeal and supersedeas from the Circuit Court;, Wetzel County. Action by C. B. McNeeley et ads., against the South Penn Oil Company. Judgment fox defendants and plaintiffs appeal. (a.) By deed 4th April/1873, Edgell conveyed to Nathan Higgins and Mary Higgins, his wife, a tract of one hundred acres of land.
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Appeal and supersedeas from the Circuit Court;, Wetzel County. Action by C. B. McNeeley et ads., against the South Penn Oil Company. Judgment fox defendants and plaintiffs appeal. (a.) By deed 4th April/1873, Edgell conveyed to Nathan Higgins and Mary Higgins, his wife, a tract of one hundred acres of land. By a written agreement, 23rd September, 1873, between Nathan Higgins and John W. Starkey they exchanged lands, Higgins agreeing to convey to Starkey said tract of one hundred acres, and Starkey agreeing to convey to Higgins a tract of fifty acres. Mary Higgins was not a party to this…
1Opinion of the Court
BraNNON, Judge:
A vital question in this case arises on the statute of limitations. Is the right of the plaintiffs to that half of the tract of one hundred acres vested in Mary Higgins lost to them by reason of the statute of limitations? The defendant oil companies say that when Starkey, under the executory contract of exchange between him and Nathan Higgins, took actual possession of the one hundred acres in October, 1873, 'the statute at once began to run and had run the limitation period of ten years long before the commencement of this suit. That depends upon -the question whether that…
2Cases cited49 opinions
- Montclair v. RamsdellSupreme Court of the United States · 1883
- Hiles v. . FisherNew York Court of Appeals · 1895
- Bertles v. . NunanNew York Court of Appeals · 1883
- Williamson v. JonesWest Virginia Supreme Court · 1897
- State v. MinesWest Virginia Supreme Court · 1893
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