Ely v. Phillips
West Virginia Supreme Court
Appeal from Circuit Court, Upsbur County. Suit by Ralph H. Ely and others against Ernest Phillips and others. Decree for the plaintiffs, and the defendants appeal.
1Opinion of the Court
Poffenbarger, Judge:
The appellants in this cause, two of three tenants in common of a tract of land, seek reversal of a decree requiring specific performance of an alleged contract for conveyance by them of their interests in the timber on the land, to the ap-pellees. They own three-fourths of the land, Ernest Phillips one-fourth, Claude Burr one-half and a stranger, to the suit, J. C. McCoy, the remaining one-fourth.
There is no substantial controversy as to the facts. The appellees, Ralph H. Ely and Lloyd C. Wamsley, proposed to buy the timber on the 285 acre tract of land owned as…
2Cases cited13 opinions
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
- Delaplain v. GrubbWest Virginia Supreme Court · 1898
- Russell v. AnnableMassachusetts Supreme Judicial Court · 1871
- Parrill v. McKinleySupreme Court of Virginia · 1852
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3Cited by12 opinions
- Virginian Export Coal Co. v. Rowland Land Co.West Virginia Supreme Court · 1926
- National Motor Club of Missouri, Inc. v. NoeSupreme Court of Missouri · 1972
- Willard F. Deputy & Co v. HastingsSuperior Court of Delaware · 1923
- Stalnaker v. StalnakerWest Virginia Supreme Court · 1954
- Wallace v. KingSupreme Court of Arkansas · 1943
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