Bank v. Dudley
West Virginia Supreme Court
Appeal from Circuit Court, Wood County. Suit by the Commercial Banking & Trust Company, executors, etc., against Sallie J. Dudley and others. Prom decrees for plaintiff, defendants appeal.
1Concurring in part, dissenting in part
Williams, Judge,
(concurring in the decree, but dissenting, in part, to the opinion. :
I concur in the reversal of the decree because of the error in ordering a sale of all the land, before settlement of the partnership and ascertainment of the’ amount of assets that testator’s estate will receive therefrom, and application thereof to the relief of the incumbered land. The widow’s dower and the inheritance of the heirs, in the equity of redemption, entitled them to that relief. I do not concur in that part of the opinion which holds that the widow is entitled to have the land incumbered by…
2Cases cited9 opinions
- Bell v. Mayor of New-YorkNew York Court of Chancery · 1843
- Martin v. SmithWest Virginia Supreme Court · 1885
- Barbour v. TompkinsWest Virginia Supreme Court · 1888
- Creecy v. . Pearce, Adm'r .Supreme Court of North Carolina · 1873
- Sinnett v. Cralle's adm'rWest Virginia Supreme Court · 1871
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