Legal Opinion

McClure v. Mauperture

West Virginia Supreme Court

Decided April 2, 1887PublishedCited by 14 opinions

Statement of the ease by Green, Judge : On the 21st of April, 1881, William B. McOlure, commissioner of school-lands of Wyoming county, filed a petitionin the Circuit Court of that county to subject to sale for the benefit of the “ school fund ” that portion lying in Wyoming comity of a tract of 500,000 acres of land, 800,000 acres of which were forfeited in the name of A. D. Mauperture for • non-payment of taxes for the years 1874,1875 and 1877, and 200,000 acres, the…

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Statement of the ease by Green, Judge : On the 21st of April, 1881, William B. McOlure, commissioner of school-lands of Wyoming county, filed a petitionin the Circuit Court of that county to subject to sale for the benefit of the “ school fund ” that portion lying in Wyoming comity of a tract of 500,000 acres of land, 800,000 acres of which were forfeited in the name of A. D. Mauperture for • non-payment of taxes for the years 1874,1875 and 1877, and 200,000 acres, the residue thereof, in the name of B. E. Ban-dall for the non-payment of taxes for the year 1870. The deeds filed with this…

1Opinion of the Court

Green, Judge:

The proceedings in this case were instituted under art. XIII of the constitution of 1872 and our statute-law passed to carry this article into effect. I will quote that part of the constitution and the law, under which those proceedings were conducted. Sections 4 and 5 of Art. XIII provide as follows:

“4. All lands in this State heretofore or hereafter for any cause forfeited or treated as forfeited or purchased by either the State of Virginia or this State and become irredeemable, not redeemed, released, transferred or otherwise disposed of, the title whereto shall remain in this…

2Cases cited6 opinions

  1. McClure v. MaitlandWest Virginia Supreme Court · 1884
  2. Levasser v. WashburnSupreme Court of Virginia · 1854
  3. Twiggs v. ChevallieWest Virginia Supreme Court · 1870
  4. Smith v. TharpWest Virginia Supreme Court · 1880
  5. Ushers' heirs v. PrideSupreme Court of Virginia · 1858

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Eastern Ky. Coal Lands Corp. v. CommonwealthCourt of Appeals of Kentucky · 1907
  2. State v. SponaugleWest Virginia Supreme Court · 1898
  3. Poteet v. County CommissionersWest Virginia Supreme Court · 1887
  4. State v. KingWest Virginia Supreme Court · 1908
  5. Wiant v. HaysWest Virginia Supreme Court · 1893

9 more not listed; retrieve them via the Exa API.

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