Hughes v. Mount
West Virginia Supreme Court
Woods, Judge, furnishes the following statement of, the case: This case is a warrant of unlawful entry and detainer, brought before a justice of Wood county on June 11, 1880, by Thomas Hughes and Thos.
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Woods, Judge, furnishes the following statement of, the case: This case is a warrant of unlawful entry and detainer, brought before a justice of Wood county on June 11, 1880, by Thomas Hughes and Thos. Murphy, plaintiffs in error, against Martha I. Mount, then and still the wife of ,B. H Mount, residing with him, to recover from her, the possession of a tract of land containingtwo hundred acres, to which the plaintiffs claim title under a deed dated March 31, 1879, from Walter Sands, special commissioner in the chancery cause of John 11. Davis, administrator of R. P. Davis, deceased, against…
1Opinion of the Court
Woods, Judge:
The plaintiffs iu error in their petition allege, and in argument insist on various grounds of error, but from the view we take of the case, it will be necessary to consider only one of them.
Was this a case, in which the title to the land, in the warrant mentioned, would properly come in question on the trial thereof? If it was, and if the relation of landlord and tenant did not exist between the plaintiffs and defendant, the justice had no jurisdiction to try the case. Upon this question he has no discretion, the statute is imperative, it is his duty to dismiss it. If the…
2Cited by6 opinions
- Watson v. WatsonWest Virginia Supreme Court · 1898
- Dishman v. JarrellWest Virginia Supreme Court · 1980
- Brotherton v. RobinsonWest Virginia Supreme Court · 1920
- Martin v. City or RichmondSupreme Court of Virginia · 1908
- Bushong v. RectorWest Virginia Supreme Court · 1889
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