Moreland v. Metz
West Virginia Supreme Court
Geeen, Judge, furnishes the following statement of the case : At August rules, 1882, Joseph Moreland, trustee, The Morgantown Bank and The Second National Bank of Mor-gantown filed their hill in the circuit court of Tucker county against Minerva J. Metz and Elias Metz her husband.
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Geeen, Judge, furnishes the following statement of the case : At August rules, 1882, Joseph Moreland, trustee, The Morgantown Bank and The Second National Bank of Mor-gantown filed their hill in the circuit court of Tucker county against Minerva J. Metz and Elias Metz her husband. The hill stated that the plaintiff, Joseph Moreland, trustee, on March 26, 1880, sold to Minerva J. Metz three tracts of land containing altogether two hundred and ninety-four acres and constituting one farm known as the Marsh farm lying near St. George in said county; that a conveyance was made of the said tracts…
1Opinion of the Court
Green, Judge:
The demurrer to the bill in this cause is based on two grounds. One ground is that one of the plaintiffs, the Mor-gantown Bank, is a defunct corporation and cannot therefore sue; and that the Second National Bank ot Morgan-town, another eo-plaintiff, being a National bank cannot succeed to those rights of the Morgantown Bank, which savor of or pertain to the matter;' and the rights set up in the plaintiffs’ bill, which are averred to have passed from the Morgantown Bank to the Second National Bank of Morgan-town, are not of the character of rights which can be succeeded to under…
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