47 W. Va. 206 | W. Va. | 1899
William Hitchcox made his will, dated the 20th day of July, 1867, devising all his real estate to Phoebe Hitchcox, his wife, for and during her natural life; remainder in equal shares to his children, Michael M., William L., Waldo P., Nicklin K., and Florence P. Hitchcox. The last named died intestate and without issue, so that the remainder went to the four brothers. Michael M. became involved. His creditors obtained judgments against him, and instituted suit in chancery to subject his lands to the liens of their judgments. During the pendency of the suit, Michael M. Hitchcox died. After his death another suit was instituted against his widow and heirs at law for the same purpose, The suits were consolidated. A reference was had to a commissioner to'.ascertain and report of what real estate said M. M. Hitchcox died seized and possessed, and the liens thereon. A decree for the sale of his lands was entered ,and the lands sold by a special commissioner. Among the lands so sold was the undivided one-fourth of a tract of two hundred and ninety-three acres which was, devised through the said will of William Hitchcox, at which sale A. S. Core became the purchaser of the said undivided one-fourth part of said two hundred and ninety-three acres, at the price of six hundred and fifty dollars. The sale was reported to the court, and duly confirmed by decree entered in said causes on the 24th day of April, 1877. After the confirmation of said sale, the purchaser, A. S. Core, filed his bill in the circuit court of Ritchie County against W. L. Hitchcox, Waldo P. Hitchcox, and Nicklin K. Hitchcox, the owners
On the 31st of October, 1892, the court entered a decree in accordance with the prayer of the bill, removing the
At September rules, 1895, summons returned executed as to defendants J. S. Pratt, Margaret Reitz, and L. G. Reitz, and decree nisi as to them/ and J. M. and W. L.
This is a suit, the prime object of which is to remove
Afirmed.