Legal Opinion

Lewis & Frazier v. Childers

West Virginia Supreme Court

Decided April 27, 1878PublishedCited by 25 opinions

Writ of error to a judgment of the circuit court of Kanawha county, rendered on the 29th day of June, 1876, in an action of ejectment, in which William A. Lewis and William Frazier, trustees, were plaintiffs, and Felix Childers and others were defendants, granted on the petition of said Lewis and Frazier. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of.

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Writ of error to a judgment of the circuit court of Kanawha county, rendered on the 29th day of June, 1876, in an action of ejectment, in which William A. Lewis and William Frazier, trustees, were plaintiffs, and Felix Childers and others were defendants, granted on the petition of said Lewis and Frazier. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of. The facts sufficiently appear in the opinion of the Court. cited the following authorities: 1 Munf. 162 ; 1 H. & M. 177 ; Tucker’s Comm. Vol. 2, p. 173 ; 6 Pet. 205; 6 Munf. 25 ; 11 Gratt. 78; 5…

1Opinion of the CourtHaymoND, Judge

In February, 1872, the plaintiffs, by their attorney, filed their declaration in ejectment in the clerk’s office of Kanawha county, against Felix Childers, John Means, Allen Dunlap, George Merville, trustee, Samuel Blish and James Brogan. The declaration contains three counts. The first count is in the name of Win. A. Lewis and Win. Frazier, trustees of Susan M. Frazier and her children, and is for 480 acres of land, conveyed by John Lewis and Sarah E., his wife, to James A. Lewis, by deed dated the 5th day of December, 1849, and also for another tract, containing 1,200 acres of land,…

2Cases cited5 opinions

  1. Packet Co. v. SicklesSupreme Court of the United States · 1867
  2. Barrows v. KindredSupreme Court of the United States · 1867
  3. McArthur v. PorterSupreme Court of the United States · 1832
  4. Callis v. KempSupreme Court of Virginia · 1854
  5. Myers v. FordWest Virginia Supreme Court · 1876

3Cited by25 opinions

  1. Harvey Coal & Coke Co. v. DillonWest Virginia Supreme Court · 1905
  2. Tapscott v. CobbsSupreme Court of Virginia · 1854
  3. Guffy v. HukillWest Virginia Supreme Court · 1890
  4. Peters v. Johnson, Jackson & Co.West Virginia Supreme Court · 1902
  5. Hukill v. GuffeyWest Virginia Supreme Court · 1892

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