Winkler v. Winkler's Ex'r
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Jefferson rendered on the 13th day of November, 1877, in an action of ejectment in said court then pending, wherein Jacob W. Winkler was plaintiff, and John J. Baney and D. B. Lucas, executor of M. A. Winkler, deceased, were defendants, allowed upon the petition of said Lucas. Hon. John B. Hoge, judge of the third judicial circuit, rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the circuit court of the county of Jefferson rendered on the 13th day of November, 1877, in an action of ejectment in said court then pending, wherein Jacob W. Winkler was plaintiff, and John J. Baney and D. B. Lucas, executor of M. A. Winkler, deceased, were defendants, allowed upon the petition of said Lucas. Hon. John B. Hoge, judge of the third judicial circuit, rendered the judgment complained of. The facts of the case are fully stated in the opinion of the Court. relied upon the following authorities: 1 Black 459; Coke Inst. Book 1, p. 556…
1Judgment of the CourtPattoN, Judge
Mary A. Manuel was the owner in fee of a house and lot in Charlestown, Jefferson county, West Virginia, and in 1873 intermarried with Jacob H. Winkler, by whom she had no issue born alive.. She died in 1879, having first made her last will and testament, in which she makes no provision for her husband. Daniel B, Lucas, the executor- of said will, took possession of the property and Winkler brought an action of ejectment in the circuit court of Jefferson county to recover the possession thereof, upon the ground that he was tenant by the curtesy in the same under the statute, notwithstanding…
2Cases cited8 opinions
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3Cited by6 opinions
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