In re Ash
West Virginia Supreme Court
Case Certified from Circuit Court, Harrisou County. In the matter of the petition of P. W. Ash and others, trustees of the Methodist Episcopal Church of Wilsonburg, for authority to sell certain land. Buena W. Brown and John W. Brown, claiming title, intervened by demurrer and an-crees entered in the partition suit before the nonresident swer. Objections of petitioners were overruled, and case certified.
1Opinion of the Court
Miller, Judge:
In the circuit court the petitioning trustees, proceeding pursuant to section 9, of chapter 57, of the Code, sought to *517obtain an order for tlie sale of a certain portion of the church lot held by them as successors to trustees named in the deed from Josiah D. Wilson and wife to Hiram Lynch and others, dated December 23, 1854. This deed is one of absolute conveyance with covenants of general warranty. Their authority given by the governing ecclesiastical body of the church to take said proceedings as alleged in their petition is not controverted.
In this proceeding Buena W. Brown…
2Cases cited5 opinions
- Killgore v. County Court of Cabell CountyWest Virginia Supreme Court · 1917
- Deepwater Railway Co. v. HonakerWest Virginia Supreme Court · 1909
- Spilling v. HutchesonSupreme Court of Virginia · 1910
- Robinson v. EdgellWest Virginia Supreme Court · 1905
- Hays v. Walnut Creek Oil Co.West Virginia Supreme Court · 1914
3Cited by2 opinions
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- Nussbaum v. Wooster Baptist TempleOhio Court of Appeals · 1953