Tomblin v. Peck
West Virginia Supreme Court
Appeal from Circuit Court, Logan County. Bill by Mary Tomblin, an infant, against J. E. Peek, Sr., and others. From decree for plaintiff, the defendant named appeals.
1Opinion of the Court
POEEENBARGER, PRESIDENT :
This suit for partition of three tracts of land containing in the aggregate about 700 acres, by an infant suing by her next friend, involves and grows out of proceedings in two former suits, and proceeds upon the theory of lack of jurisdiction in the court, to pronounce certain decrees in the last one of the two prior causes. It is the exercise of the right of the plaintiff, as an infant, to show cause against the decree in that suit. Treating the decrees therein as void, the circuit court granted the relief prayed for in the bill, and the purchas*337er of the land at a…
2Cases cited9 opinions
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Missouri, Kansas & Texas Railway Co. v. McWherterSupreme Court of Kansas · 1898
- Mayer v. AdamsWest Virginia Supreme Court · 1885
- State ex rel. Rucker v. RuckerSupreme Court of Missouri · 1875
- Arkle v. Board of Com'rsWest Virginia Supreme Court · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- McClure v. McClureWest Virginia Supreme Court · 1991
- Doak v. SmithWest Virginia Supreme Court · 1923
- State Ex Rel. Linger v. County Court of Upshur CountyWest Virginia Supreme Court · 1965
- Boone v. BooneWest Virginia Supreme Court · 1941
- Colley v. CalhounWest Virginia Supreme Court · 1921
7 more not listed; retrieve them via the Exa API.