Legal Opinion

Wiley v. Ball

West Virginia Supreme Court

Decided September 23, 1913PublishedCited by 3 opinions

Appeal from Circuit Court, Mason County. Bill by Millie C. Wiley against J. Bobert Ball and others. From a decree for defendants, plaintiff appeals.

1Opinion of the Court

BobiNSON, Judge:

Plaintiff by this suit sought a partition of land in conformity with the provisions of the will of her father, devising the land to her and the children of her brother. By that will plaintiff was given the “front part” of the land and the other devisees, defendants herein, were given the “back or east part.” The will definitely stated just where the division line should be run. It also provided that “a right of way is reserved through the front tract to the public road.” Plainly from the terms of the instrument this reservation of a right of way was for the use of the back…

2Cases cited1 opinion

  1. Tolley v. PoteetWest Virginia Supreme Court · 1907

3Cited by3 opinions

  1. Hoffman v. SmithWest Virginia Supreme Court · 1983
  2. Collins v. DeglerWest Virginia Supreme Court · 1914
  3. Rau v. KreppsWest Virginia Supreme Court · 1926

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