Neely v. Jones
West Virginia Supreme Court
Appeal from and supersedeas to three decrees of the circuit court of the county of Harrison, rendered, the first on the 28th day of October, 1859, the second on the 5th day of January, 1876, and the third on the 2d day of June, 1877, in a cause in said court then pending, wherein Floyd Neely and others were plaintiffs, and Thomas S. Jones and others were defendants, allowed upon the petition of the said Jones.
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Appeal from and supersedeas to three decrees of the circuit court of the county of Harrison, rendered, the first on the 28th day of October, 1859, the second on the 5th day of January, 1876, and the third on the 2d day of June, 1877, in a cause in said court then pending, wherein Floyd Neely and others were plaintiffs, and Thomas S. Jones and others were defendants, allowed upon the petition of the said Jones. Hon. Charles S. Lewis, late judge of the second judicial circuit renders the decree appealed from. Green, President, furnishes the following statement of the case: Floyd Neely, Adam, J.…
1Opinion of the Court
Green, President,
delivered the opinion of the Court:
The first enquiry presented by the record is, whether the original bill in this cause was fatally defective on demurrer. This bill states that Neely, the sheriff of Doddridge county, paid to the plaintiffs in several judgments against the defendant, Thomas S. Jones, on which executions had issued, the amount of those judgments; and the defendant, Thomas S. Jones, having a tract of land, on which these judgments were a lien, Neely, the sheriff, by this bill claims that he is entitled to be substituted to the rights of the plaintiffs in these…
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