Backus v. Abbot

Haymond, Judge:

This is a suit in equity, instituted in March, 1951, in the Circuit Court of Kanawha County, in which the plaintiffs, J. A. Backus, L. M. Backus, John J. F'ogle, and Josephine M. Fogle, seek a mandatory injunction to require the defendant, J. H. Abbot, Assessor of Kanawha County, to assess and enter upon the land books of that county for taxation a certain tract of forty seven acres of land on Elk Two Mile Creek, in Malden District, Kanawha County, which the plaintiffs claim as owners.

The case was heard in the circuit court upon the bill of complaint of the plaintiffs and its…