Tingle Adm'r v. Fisher
West Virginia Supreme Court
(*SNYDEii, Judge, Absent.) Appeal from and supersedeas to a decree of the municipal court of’Wheeling, rendered on the 25th day of May, 1879, in a suit in chancery in said court then pending, wherein George K,. Tingle, administrator of James H. Forsyth, deceased, was plaintiff, and Benjamin Fisher and others were defendants, allowed upon the petition of said Tingle. lion. Gibson L. Cranmer, judge of the municipal court of Wheeling, rendered the decree appealed from.
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(*SNYDEii, Judge, Absent.) Appeal from and supersedeas to a decree of the municipal court of’Wheeling, rendered on the 25th day of May, 1879, in a suit in chancery in said court then pending, wherein George K,. Tingle, administrator of James H. Forsyth, deceased, was plaintiff, and Benjamin Fisher and others were defendants, allowed upon the petition of said Tingle. lion. Gibson L. Cranmer, judge of the municipal court of Wheeling, rendered the decree appealed from. Joiinson, Peesxdent, furnishes the following statement of the case. On the 17th day of January, 1856, James H. Forsyth and…
1Opinion of the Court
JOHNSON, PRESIDENT,
announced the opinion of the Court:
The only question to be decided is: Who is entitled to the fund in dispute, the administrator of the estate of James H. Eorsyth, or Logan D. Wallace? In deciding this question, the first enquiry is: Did the writing by Robert Eor-syth on the copy of the trust-deed of January 17, 1856, assign any interest in the debt, secured to said Robert in the deed from Culbertson and wife to Updegraff, trustee, which was executed on the 4th day of August, 1868 ?
*504It is asserted by counsel for appellee, that no interest m the debt secured by the trust to…
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