47 W. Va. 549 | W. Va. | 1900
This is a. suit from the peaceful shades of Randolph County, instituted by Clara, intermarried with Eli Moore, of Montrose., against her pa, the Reverend Anthony Mus-toe, of Breitz, near the happy land of Canaan, the neighboring county of Tucker. Clara’s story is as follows: Eli’s creditors becoming importunate, he found it necessary to make an assignment for their benefit. In this assignment he included an item of five hundred dollars for her, which she had no knowledge of; also a note for six hundred and thirtjr dollars in favor of her i>a, which, however, was to be for her benefit. The circuit court, on application of the other creditors, struck out the five hundred
As to this one-half acre lot, pa must be held to be the holder of the legal title in trust lor Clara. Potts v. Fitch, (W. Va.) 34 S. E. 959; Camden v. Dewey, Id. 911. The decree complained of must therefore be reversed, and" this cause is remanded to the circuit court, with direction to
Reversed.