Lively v. Griffith
West Virginia Supreme Court
Appeal from Circuit Court, Kanawba County. Suit for partition by Joseph Lively against Frances Jane Griffith and others. Decree for plaintiff nunc pro tunc, and defendants appeal.
1Opinion of the Court
Miller, President:
This suit was for partition of a tract of 126 acres of land devised by the will of Nancy Insco, made in 1862, and who-died shortly thereafter, whereby she devised all her land and certain personal property to Alexander Lively and Minty Lively, his wife, for life, and provided that after their, death the same should “pass over to the heirs of said Alexander lively and Minty his wife.”
The plaintiff Joseph Lively and the defendant Robert Lively, his brother, are children and heirs at law of Alexander Lively by his first wife. The defendants Frances Jane-Griffith (nee Lively),…
2Cases cited14 opinions
- Mitchell v. OvermanSupreme Court of the United States · 1881
- Lyon v. AckerSupreme Court of Connecticut · 1866
- Evans v. OppermanTexas Supreme Court · 1890
- Irvin v. StoverWest Virginia Supreme Court · 1910
- Stigler's Ex'x v. StiglerSupreme Court of Virginia · 1883
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3Cited by3 opinions
- Bissett v. Town of LittletonWest Virginia Supreme Court · 1920
- State ex rel. Kelley v. City of GraftonWest Virginia Supreme Court · 1920
- Hominy Creek Land Co. v. Gauley Coal Land Co.West Virginia Supreme Court · 1927