Morris v. Baird

Miller, Judge:

In a judgment creditors suit to subject the coal owned by the debtor in fee, the first point of error in the decree below which we are called upon to consider is that, as the judgment debtor in his answer, filed on the eve of pronouncing the final decree, disclosed, for the first, that he was the owner when suit was brought of 800 acres of coal in Tyler County, in addition to the 6400 acres in Doddridge County reported by the commissioner, and adjoining it, the court should have required plaintiff to amend his bill so as to bring in that coal, and then, as a condition precedent…