48 W. Va. 309 | W. Va. | 1900
The Standard Mercantile Company instituted suit in the circuit court of Logan County against D. P. Ellis and others for the purpose of enforcing two certain judgment liens it claimed against a certain house and lot, the title of which appeared to be in said Ellis. Other judgment creditors were made parties to the suit. Sarah Y. Ellis filed her petition, therein claiming the property was her separate property, purchased with her separate funds, and by mere inadyertance without her knowledge or consent, the title thereto had boon vested in her husband, and prayed the same might be discharged from the judgment liens. The court permitted the petition to be filed, and to stand for her answer, to which the plaintiff replied generally. On final hearing the court decreed the land to Mrs. Ellis, free from the judgment liens.
The plaintiff appeals. It objects to the petition, because process was not issued thereon against the other defendants. Of this it has no right to complain, because not injured thereby. The other defendants made no objection in the circuit court, and are not making any here. The appellant will only be heard as to such errors as prejudices its rights -and not those which only prejudice the rights of others, whether parties to the suit or not. Furbee v. Shay, 46 W. Va. 736. So the only question presented is as to whether the property is liable for plaintiff’s judgment liens. The proof appears to plainly establish that the property was paid for with the wife’s money, and was to be deeded to her, but that the title bond, without'her knowledge or consent and apparently without his knowledge was taken in his name. When she discovered this she sent the title bond by her son to have a
Affirmed.