Drake v. O'Brien
West Virginia Supreme Court
Appeal from Circuit Court, Wood County. Action by Cornelia M. Drake and others against Anna M„ O’Brien, administratrix, etc., and others, and P. D. Neal, executor, etc. Decree for plaintiffs and certain defendants appeal.
1Opinion of the Court
POEFENBARGEK, JUDGE:
This appeal seeks review of three decrees entered, respectively, March 19, 1914, April 6, 1917, and March 28, 1918. The last one awarding the plaintiffs a right of accounting for oil, coal and timber taken from a tract of land containing about 1,000 acres, throughout a period of more than thirty, years, upon a basis determined by it, as well as partially by the preceding decrees, may be deemed to have settled the principles of the cause. Whether the first one did is questioned by a cross-assignment of error.
The primary claim of a right to an accounting depends upon the…
2Cases cited11 opinions
- Godden v. KimmellSupreme Court of the United States · 1879
- Wood v. HarmisonWest Virginia Supreme Court · 1895
- Arbenz v. Exley, Watkins & Co.West Virginia Supreme Court · 1903
- Evans v. EnglishSupreme Court of Alabama · 1878
- Shirey v. MusgraveWest Virginia Supreme Court · 1886
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3Cited by7 opinions
- Deitz v. County Court of Nicholas CountyWest Virginia Supreme Court · 1940
- Staud v. SillWest Virginia Supreme Court · 1933
- Drake v. O'BrienWest Virginia Supreme Court · 1925
- Rees v. Emmons Coal Mining Co.West Virginia Supreme Court · 1921
- Miller & Desatnik Management Co. v. BullockAppellate Division of the Superior Court of California · 1990
2 more not listed; retrieve them via the Exa API.