Leach v. Buckner
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of the county of Wood pronounced on the 13th day of October, 1877, in a cause in said court then pending, wherein Mary Leach and others were plaintiffs, and Robert Buckner, administrator, was defendant, allowed upon the petition of said Buckner. Hon. James M. Jackson, Judge of the fifth judicial circuit, pronounced the decree appealed from.
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Appeal from and supersedeas to a decree of the circuit court of the county of Wood pronounced on the 13th day of October, 1877, in a cause in said court then pending, wherein Mary Leach and others were plaintiffs, and Robert Buckner, administrator, was defendant, allowed upon the petition of said Buckner. Hon. James M. Jackson, Judge of the fifth judicial circuit, pronounced the decree appealed from. JOHNSON, PRESIDENT, furnishes the following statement of the case: In 1875 the plaintiffs, heirs at law of Willis Leach, deceased, filed their bill in the circuit court of Wood county against…
1Opinion of the Court
JOHNSON, President,
announced the opinion of the Court.
The depositions clearly show, that the administrator received $1,500.00 purchase-money from Byrd, with which he failed to charge himself; and that he had given himself credit for $500.00, as paid to Mrs. Mary Leach, to which he was not entitled. The main question that demands our consideration in this cause is: Did the court of chancery in this State have jurisdiction to surcharge and falsify the'account in the manner, in which it was done? If it had, we see no error in the decree, so far as it ascertained, that the defendant, Buckner, was…
2Cases cited16 opinions
- Massie v. WattsSupreme Court of the United States · 1810
- Vaughan v. NorthupSupreme Court of the United States · 1841
- Wilkins v. EllettSupreme Court of the United States · 1870
- Hall v. HallWest Virginia Supreme Court · 1877
- William J. McLean v. James L. MeekSupreme Court of the United States · 1856
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3Cited by4 opinions
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- Wirgman v. Provident Life & Trust Co.West Virginia Supreme Court · 1917
- Mosser v. MooreWest Virginia Supreme Court · 1904