Findley v. Findley
West Virginia Supreme Court
I. — The interest of Susan Findley in proceeds of sale was personalty and passed to her administrator, and not to plaintiffs as heirs. — Code, c. 86, ss. 2, 3; Story’s Eq. § 1212; 1 Lo-max, Ex’rs c. 1, § 1, p. 220, sub. sec. 7, and p. 223, sub. sec. 8; lb. c. 2, § 1, p. 229, sub. sec. 1; 1 Rand. 313. II. — Martin and Kunst if liable at all are only liable as additional sureties. — 16 W. Va. 167. III. — Only parties in interest can sue.
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I. — The interest of Susan Findley in proceeds of sale was personalty and passed to her administrator, and not to plaintiffs as heirs. — Code, c. 86, ss. 2, 3; Story’s Eq. § 1212; 1 Lo-max, Ex’rs c. 1, § 1, p. 220, sub. sec. 7, and p. 223, sub. sec. 8; lb. c. 2, § 1, p. 229, sub. sec. 1; 1 Rand. 313. II. — Martin and Kunst if liable at all are only liable as additional sureties. — 16 W. Va. 167. III. — Only parties in interest can sue. Plaintiffs had no interest.— 87 Va. 655; 18 W. Va. 693, syl. 3; 6 Gratt. 301; 9 Gratt. 273. IV.— Courts will not enlarge liability of sureties by implication.…
1Opinion of the Court
BRánnon, Judge:
William Findley devised a tract of land by the language “To my beloved wife, Susan Findley, and my four children of her body, * * * provided that, if my wife should intermarry with any person after my death, said home farm *374shall thereupon go and descend to said four children”— naming them. James W. Findley qualified as guardian of said four children, with Cornelius E. Reynolds as surety ,in his bonds. This guardian brought a suit to sell the coal under the land, and, under a decree in the case, it was sold. Another decree, after reciting that, it appearing that by the will of…
2Cases cited15 opinions
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- Morrow v. WoodSupreme Court of Alabama · 1876
- Monteith v. CommonwealthSupreme Court of Virginia · 1859
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- Gibson v. BeckhamSupreme Court of Virginia · 1862
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3Cited by21 opinions
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