Toppins v. Oshel

Haymond, Judge:

This is an action of ejectment instituted in the Circuit Court of Wayne County in November, 1950. The plaintiffs, Dona Toppins and Frank Toppins, seek to recover from the defendants, Paul Oshel, Katherine E. Oshel and Ralph Copley, the possession of a tract of land containing ninety acres in Grant District, Wayne County, West Virginia, and three thousand dollars for damages alleged to have been caused to the land by the defendants in cutting timber on it.

To the declaration the defendants Paul Oshel and Katherine E. Oshel filed a written demurrer and a written motion to strike…