George v. Cooper
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of the county of Brooke, rendered on the 19th day of March, 1878, in a cause in said court then pending) wherein Samuel George, executor, &c., was plaintiff, and J. M. Cooper, trustee, and othere were defendants, allowed upon the petition of said George.
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Appeal from and supersedeas to a decree of the circuit court of the county of Brooke, rendered on the 19th day of March, 1878, in a cause in said court then pending) wherein Samuel George, executor, &c., was plaintiff, and J. M. Cooper, trustee, and othere were defendants, allowed upon the petition of said George. Hon. Thayer Melvin, judge of the first judicial circuit, rendered the decree appealed from. . Green, President, furnishes the following statement of the- case: Montgomery Walker on March 14, 1872, purchased of James Waugh and Adam Kuhn, executors of Talbot Hammond, a tract of land…
1Opinion of the Court
GbeeN, PbesideNT,
delivered the opinion of the Court:
The first question presented by the record in this cause is: Did the court err in awarding the injunction of Syllabus . January 7, 1878, so far as it prohibited the executor of Montgomery Walker from selling the land under his will ? It seems to me obvious that this injunction ought not to have been awarded. It was done at the instance of the defendants, The National Bank of Wellsburg and John S. Beall. I can not see how it is possible they could have been inj ured by such sale. They suggest that owing to the widow’s claim of dower there…
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