Dean and Martha Lowe v. Joseph C. and Joyce A. Richards

DAVIS, Chief Justice:

Dean and Martha Lowe, petitioners herein, (“the Lowes”) appeal from an order of the Circuit Court of Berkeley County dismissing their counterclaim and third-party complaint. 1 In the actions filed by the Lowes, they sought to obtain real property claimed by respondents Joseph and Joyce Richards (“the Richards”) and Hugh Hegyi as Trustee of the Hegyi Trust (“the Hegyi Trust”). The property in question is situated on the border of West Virginia and Virginia. The circuit court determined that it did not have subject matter jurisdiction to resolve the Lowes’ claims because…