51 W. Va. 385 | W. Va. | 1902
E. H. Prichard and J. P. Brubaker were partners doing business under the name of Prichard & Brubaker, dealers in lumber, etc. About the year 1885 the same E. H. Prichard and L. II. Burks formed a partnership unde)’ the firm name of Burks & Prichard, in business as dealers in saw-logs and timber, and claim to have bought several largo tracts of timber land in Lincoln and Logan counties for the use of said firm, taking the title principally in the name of E. II. Prichard and K. II. Prichard, trustee, and one tract of three hundred and seventy-one acres in the name of E. II. Prichard and L. II. Bnrks. Prichard as well 'as Prichard & Brubaker became largely indebted. Suits were brought in the circuit court of Cabell County and attachments sued out and levied upon the said several tracts of land to reach the interest of said Prichard therein. J. C. Hopkins brought his action of assumpsii against said firm of Prichard & Brubaker claiming over two thousand dollars; the
The commissioner took testimony as to the ownership of the two tracts of land, eight hundred and twenty-eight acres in the name of Ri PI. Prichard, trustee, and six hundred acres in the name of R. PT. Prichard, and did not pass upon the question as to whether it was owned by R. PI. Prichard alone, or was held by him for Burks & Prichard, and submitted the question to the
Modified.