Legal Opinion

Electro Metallurgical Co. v. Montgomery

West Virginia Supreme Court

Decided April 23, 1912PublishedCited by 7 opinions

Appeal from Circuit Court, Fayette County. Bill by the Electro Metallurgical Company against J. W. Montgomery. Decree for defendant, and plaintiff appeals.

1Opinion of the Court

Miller, Judge :

On final bearing on bill, answer and proofs, the court below, *755by the decree appealed from, dissolved the injunction theretofore awarded, restraining defendant from cutting and removing the standing timber on a tract of four hundred and fifty acres of land and from cutting'into lumber and removing logs already cut therefrom, and dismissed the bill.

Plaintiff asserted right and title to this timber as assignee of a lease of the land for ninety-nine years, from Charles Reader to the Wilson Aluminum Company, a corporation, dated May 28, 1897, the assignment being by deed dated…

2Cases cited6 opinions

  1. Pardee v. Camden Lumber Co.West Virginia Supreme Court · 1911
  2. Adkins v. HuffWest Virginia Supreme Court · 1906
  3. Keystone Co. v. BrooksWest Virginia Supreme Court · 1909
  4. Null v. ElliottWest Virginia Supreme Court · 1902
  5. Fluharty v. MillsWest Virginia Supreme Court · 1901

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. United Fuel Gas Co. v. TownsendWest Virginia Supreme Court · 1927
  2. Henline v. MillerWest Virginia Supreme Court · 1936
  3. Putnam Company v. FisherWest Virginia Supreme Court · 1945
  4. Pardee & Curtin Lumber Co. v. OdellWest Virginia Supreme Court · 1912
  5. Kunst v. MabieWest Virginia Supreme Court · 1913

2 more not listed; retrieve them via the Exa API.

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