Clark v. Gruber
West Virginia Supreme Court
Appeal from Circuit Court, Cabell County. Suit by Charles F. Clark against Sarah Gruber, adminis-tratrix, etc., and others. From a decree for plaintiff, the administratrix appeals.
1Opinion of the Court
MlLLER, PRESIDENT:
The bill is a creditors’ bill, seeking settlement of the accounts of the administratrix, and because of alleged inadequacy of personal assets, a sale of the real estate of Daniel Gruber, deceased, to -pay plaintiff’s debt.
We see nothing of merit in defendant’s demurrer to the bills, based on the theory of laches, and the statute of limitations, and in our opinion the demurrer was properly overruled. Plaintiff’s demand is purely a legal one. In such cases equity follows the law literally in applying the statute of limitations. 9 Ency. Dig. Va. & W. Va. Repts., 385, and cases…
2Cases cited5 opinions
- Wallace v. LongIndiana Supreme Court · 1886
- Taggart v. TevannyIndiana Court of Appeals · 1891
- Cann v. CannWest Virginia Supreme Court · 1894
- Douglass v. Railroad Co.West Virginia Supreme Court · 1902
- Plate v. DurstWest Virginia Supreme Court · 1896
3Cited by9 opinions
- Rodgers v. RodgersWest Virginia Supreme Court · 1990
- Mayborne v. Citizens Trust & Savings BankCalifornia Court of Appeal · 1920
- Mitchell v. TowneCalifornia Court of Appeal · 1939
- Keys v. KeysWest Virginia Supreme Court · 1923
- Phifer v. Estate of PhiferNebraska Supreme Court · 1924
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