Legal Opinion

Welch Lumber Co. v. Pageton Lumber Co.

West Virginia Supreme Court

Decided May 2, 1911Published

Appeal from Circuit Court, McDowell County. Bill bji tine Welch Dumber Company against the Pageton Lumber Company and others. Judgment for plaintiff, and defendants the Graham Grocery Company and America Franklin appeal.

1Opinion of the Court

Miller, Judge:

This was a suit to wind up the business of the defendant B. E. Myers, trading as Pageton Lumber Company. His debts, secured and general, and their priorities, were*ascertained and decreed, and his assets marshalled and distributed in accordance with sundry reports of a commissioner, to whom the cause was referred.

The defendants, Graham Grocery Company, an execution creditor, and America Franklin, administratrix of Henry L. Franklin, deceased, the latter, in her petition, filed, asserting a lien on the funds in the hands of the special receiver, prior to all other creditors, have…

2Cases cited10 opinions

  1. Kanawha Valley Bank v. WilsonWest Virginia Supreme Court · 1884
  2. Buskirk Bros. v. PeckWest Virginia Supreme Court · 1905
  3. Curtin v. IsaacsenWest Virginia Supreme Court · 1892
  4. Shenandoah Valley National Bank v. ShirleyWest Virginia Supreme Court · 1885
  5. Wiggin v. MankinWest Virginia Supreme Court · 1909

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