Legal Opinion · Dissent

Kell v. Cumby

West Virginia Supreme Court

Decided May 19, 1942No. 9311Published

1DissentLovins, Judge

I do not agree with the majority opinion. The bill of complaint leaves much to be desired in the way of particularity, but I believe the allegations therein are sufficient. The bill, in substance, alleges that in the year 1932, A. A. Cumby erected a small house on land then owned by a relative, but now owned by his daughter. In the year 1933, he was adjudicated a bankrupt; that he and his family occupied the house; that in the year 1937 he purchased materials from a lumber company to build an addition to the house originally erected by him on the land; that there is a balance of $907.21 owing…

2Cases cited5 opinions

  1. Burt v. TimmonsWest Virginia Supreme Court · 1887
  2. Humphrey v. SpencerWest Virginia Supreme Court · 1892
  3. Vandervort v. FouseWest Virginia Supreme Court · 1902
  4. Donehoo v. KingWest Virginia Supreme Court · 1919
  5. Hanley v. National Loan & Investment Co.West Virginia Supreme Court · 1898

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