Legal Opinion

Lynch v. Henry

West Virginia Supreme Court

Decided March 21, 1885PublishedCited by 7 opinions

Statement of the case by Green, Judge-: Jacob Lynch, administrator de bonis non with the will annexed of Isaac Lynch, at the April rules, 1880, filed in the circuit court of Harrison county his bill to subject to the payment of a judgment of said court, which he had obtained against Eugene Henry, a tract of land owned by Eugene Henry in Doddridge county, West Virginia, containing 328 acres. He made certain parties alleged to have liens by judgment or otherwise defendants.

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Statement of the case by Green, Judge-: Jacob Lynch, administrator de bonis non with the will annexed of Isaac Lynch, at the April rules, 1880, filed in the circuit court of Harrison county his bill to subject to the payment of a judgment of said court, which he had obtained against Eugene Henry, a tract of land owned by Eugene Henry in Doddridge county, West Virginia, containing 328 acres. He made certain parties alleged to have liens by judgment or otherwise defendants. The bill was afterwards amended by making certain other judgment-creditors and lienors parties. The answers of numerous…

1Opinion of the Court

Green, Judge:

It has been decided by this Court in the case of the State v. Lowe, 21 W. Va. 782 and in Winans v. Winans, 22 W. Va. 678, that there is nothing in the first assignment of error ; and it must be overruled. Under" the decision in Thompson v. Catlett, 24 W. Va., points 5,6, and 7 of thesyllabusp. 525 all the other nine assignments of error in the petition of the appellant must be overruled. On page 541 this Court says: “By section seven of chapter fifty seven of Acts of 1882 it is provided, that, when the commissioner has completed his report, unless it is otherwise ordered by the…

2Cases cited3 opinions

  1. State v. LoweWest Virginia Supreme Court · 1883
  2. Thompson's Adm'r v. CatlettWest Virginia Supreme Court · 1884
  3. Winans v. WinansWest Virginia Supreme Court · 1883

3Cited by7 opinions

  1. Hartman v. EvansWest Virginia Supreme Court · 1893
  2. Ward v. Ward's HeirsWest Virginia Supreme Court · 1895
  3. Arnold, Abney & Co. v. SlaughterWest Virginia Supreme Court · 1892
  4. Keck v. AllenderWest Virginia Supreme Court · 1892
  5. Gay v. LockridgeWest Virginia Supreme Court · 1897

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