Ball v. Kearns

• Decision Date: 21 March 1896
• Parties: BALL v. KEARNS et al.
• Court: West Virginia Supreme Court

24 S.E. 633

41 W.Va. 657

BALL v. KEARNS et al.

Supreme Court of Appeals of West Virginia.

March 21, 1896

Submitted January 13, 1896

Appeal from circuit court, Mason county.

Action by Mary A. Ball against Thomas A. Kearns and others. Judgment for plaintiff. Defendants appeal. Affirmed.

DENT, J.

This case is in all respects similar to the case of plaintiff against Henry W. Stewart (24 S.E. 632), except the land in controversy is a tract of 55 1/2 acres, purchased from decedent's husband before separation. In the conveyance, plaintiff refused to join, and now claims her dower. For the same reasons given in the former case, the decree in this case is affirmed.