Legal Opinion · Dissent

Bailey v. Baker

West Virginia Supreme Court

Decided May 27, 1952No. 10396Published

1Dissent

Fox, President,

dissenting:

I am unable to agree with the ruling of the majority as the same is expressed in point 1 of the syllabus in this case, and, therefore, file this dissent.

I do not believe that the clerical error of the assessor of Kanawha County, in misdescribing the lots involved in this litigation, considering the fact that such mistake *96was acquiesced in by the State and the property owner for more than twenty years, operated to forfeit to the State the title to Lots 1 and 2 in Block B, of Homedale Addition to Charleston. The assessment, being sufficient to save said lots from…

2Cases cited4 opinions

  1. Cain v. FisherWest Virginia Supreme Court · 1905
  2. Leach v. WeaverWest Virginia Supreme Court · 1921
  3. Robey v. WilsonWest Virginia Supreme Court · 1919
  4. State v. TavennerWest Virginia Supreme Court · 1901

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