Legal Opinion

Wamsley v. Mill Creek Coal & Lumber Co.

West Virginia Supreme Court

Decided November 22, 1904PublishedCited by 7 opinions

Appeal 'from Circuit Court, Randolph County. Action by Harriet S. Wamsley and others against the Mill Creek Coal & Lumber Company and others. Decree for defendants, and plaintiffs appeal.

1Opinion of the Court

McWhoeteR, Judge:

Hamilton Stalnaker departed this life, intestate, in 1893, leaving surviving him twelve children and the children of one deceased. He died seized of several tracts of land among which ■were two tracts of wild lands containing in the aggregate two ‘thousand three hundred and eighty-seven acres. In 1894, Martha D. Yocum, one of the heirs-at-law of said Stalnaker, filed 'her bill in the circuit court of Randolph county, alleging that -the said lands could not be partitioned in kind, and praying that ■the same might be sold under a decree of the court, and the proceeds divided…

2Cases cited5 opinions

  1. Gillespie v. BaileyWest Virginia Supreme Court · 1877
  2. Miller v. Coal Co.West Virginia Supreme Court · 1888
  3. Supervisors of Doddridge v. StoutWest Virginia Supreme Court · 1876
  4. McClanahan v. HockmanSupreme Court of Virginia · 1898
  5. Simpson v. SimpsonMichigan Supreme Court · 1886

3Cited by7 opinions

  1. State Road Commission v. McMurrayWest Virginia Supreme Court · 1927
  2. Alderson v. Horse Creek Coal Land Co.West Virginia Supreme Court · 1922
  3. Ross v. RossWest Virginia Supreme Court · 1913
  4. Robertson Consolidated Land Co. v. PaullWest Virginia Supreme Court · 1907
  5. State ex rel. Bowser v. HillWest Virginia Supreme Court · 2001

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