Linn v. Patton
West Virginia Supreme Court
This was an appeal witb supersedeas, from a decree of the circuit court of Kanawha county, rendered on the 13th day of June, 1874, in a cause in chancery then pending in said court, wherein J. H. Linn was plaintiff and®01iver A. Patton, trustee, and others, were defendants. The appeal was granted upon the petition of Oliver A. Patton, trustee, and others. A. sufficient statement of the case is given by Green,. President, in his opinion.
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This was an appeal witb supersedeas, from a decree of the circuit court of Kanawha county, rendered on the 13th day of June, 1874, in a cause in chancery then pending in said court, wherein J. H. Linn was plaintiff and®01iver A. Patton, trustee, and others, were defendants. The appeal was granted upon the petition of Oliver A. Patton, trustee, and others. A. sufficient statement of the case is given by Green,. President, in his opinion. The Hon. Joseph Smith, Judge of tho seventh judicial circuit, rendered the decree complained of.
1Opinion of the Court
GREEN, PRESIDENT :
On the 20th day of April, 1867, the widow and devisees of William Tompkins, deceased, by deed of that date, partitioned among themselves the real estate of which he died seized. By this deed four tracts of land in West Virginia, one of them being in Payette county, were conveyed to R. Ellen Patton, then R. Ellen Tompkins, one of said devisees. In the same deed, and after such conveyance to her, she, the said R. Ellen, conveyed the same lands to N. Fitzhugh upon certain trust, and it was recited that this division of the real estate of William Tompkins was made among his…
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