McKimmie Admr. v. Postlethwait
West Virginia Supreme Court
Error to Circuit Court, “Wetzel County. Action by John McKimmie, administrator, against R». W. Postlethwait. Judgment for plaintiff!, and defendant brings error.
1Opinion of the Court
Lynch, Judge:
The plaintiff, as administrator of Elizabeth Postlethwait, sued to recover from her husband, R. W. Postlethwait, the proceeds of the sale of her real estate made in April 1913, she having died, in August of the same year. The justice before whom the proceeding began, and the circuit court upon appeal, found for plaintiff, and defendant obtained this writ.
Mrs. Postlethwait acquired title to one of the lots in 1908 and to the other in 1909. With her assent, the defendant sold the lots, and presumably both of them joined in the deed to the purchaser, a copy thereof not being found…
2Cases cited4 opinions
- Dickeschied v. Exchange BankWest Virginia Supreme Court · 1886
- Sasser v. SasserSupreme Court of Georgia · 1884
- Albee v. ColeSupreme Court of Vermont · 1866
- Evans v. HigginsWest Virginia Supreme Court · 1912
3Cited by3 opinions
- Tomkies v. TomkiesWest Virginia Supreme Court · 1975
- Brewer v. BrewerWest Virginia Supreme Court · 1985
- Nettie Smith v. Hunter SmithCourt of Appeals for the Fourth Circuit · 1958