Meadows v. Belknap, 23534
Court | Supreme Court of West Virginia |
Citation | 483 S.E.2d 826,199 W.Va. 243 |
Decision Date | 21 February 1997 |
Docket Number | No. 23534,23534 |
Parties | Roberta MEADOWS and Tara Sue Morgan, Plaintiffs Below, Appellees, v. Wade BELKNAP and Gary Cogar, Defendants Below, Appellees, and Carma PERRINE, Plaintiff Below, Appellant, v. Roberta L. MEADOWS and Tara Sue Morgan, Defendants Below, Appellees. |
Richard A. Facemire, Sutton, for Appellant.
George M. Cooper, Sutton, for Appellees Roberta Meadows and Tara Sue Morgan.
Bernard R. Mauser, Sutton, for Appellees Wade Belknap and Gary Cogar.
FACTUAL BACKGROUND
The facts of this case are traced to Mrs. Perrine's marriage to Derstine Perrine. Mrs. Perrine and Mr. Perrine were wed on August 3, 1942. During their marriage Mr. Perrine purchased, by deed in his name alone, five tracts of land situate in Otter District, Braxton County. 2 On October 12, 1989, Mr. Perrine and Mrs. Perrine signed a deed conveying the five tracts of land to the daughters. The deed conveying the property to the daughters specifically reserved a life estate in the property to Mr. Perrine and Mrs. Perrine. Additionally, the deed reserved the right of Mr. Perrine and Mrs. Perrine to dispose of any timber on the property and to retain proceeds therefrom. On November 22, 1991, Mr. Perrine died testate. Several years after Mr. Perrine's death Mrs. Perrine, on November 8, 1994, executed a contract with Wade Belknap, wherein she sold to Mr. Belknap certain timber on the five tracts of land. Thereafter, on November 22, 1994, the daughters filed a petition for preliminary injunction with the circuit court seeking to enjoin Belknap and Gary Cogar from removing timber from the land. 3 The circuit court issued a temporary injunction against Belknap and Cogar on November 22 and, after a hearing held on November 29, continued the preliminary injunction pending further deliberation by the court.
STANDARD OF REVIEW
We begin our analysis by first establishing the appropriate standard of review. The core of this appeal is Mrs. Perrine's challenge to the circuit court's findings of fact and conclusions of law which served as predicates for the denial of her request for injunctive relief. In reviewing the exceptions to the findings of fact and conclusions of law supporting the denial of a preliminary injunction, we apply a three-pronged deferential standard of review. Syllabus point 1, McGraw v. Imperial Marketing, 196 W.Va. 346, 472 S.E.2d 792 (1996). First, we review the final order denying the temporary injunction and the ultimate disposition under an abuse of discretion standard. West v. National Mines Corp., 168 W.Va. 578, 590, 285 S.E.2d 670, 678 (1981). Second, we review the circuit court's underlying factual findings under a clearly erroneous standard. Syllabus point 1, G Corp. v. MackJo, Inc., 195 W.Va. 752, 466 S.E.2d 820 (1995). Third, we review questions of law de novo. Syllabus point 4, Burgess v. Porterfield, 196 W.Va. 178, 469 S.E.2d 114 (1996).
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Faith United Methodist Church v. Morgan
...different intention.”). 119. Syllabus Point 13, in part, State v. Harden, 62 W.Va. 313, 58 S.E. 715 (1907). See also, Meadows v. Belknap, 199 W.Va. 243, 250, 483 S.E.2d 826, 833 (1997) (“We are not disturbed by the informality of the deed's textual placement and creation of Mrs. Perrine's l......
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Doering v. City of Ronceverte, 35553.
...of fee simple ownership is well settled and was recognized by this Court as “the highest estate known to the law” in Meadows v. Belknap, 199 W.Va. 243, 247 n. 7, 483 S.E.2d 826, 830 n. 7 (1997), and in Yeager v. Town of Fairmont, 43 W.Va. 259, 261, 27 S.E. 234, 234 (1897). Consistent with t......
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Doering v. City of Ronceverte, 35553
...of fee simple ownership is well settled and was recognized by this Court as "the highest estate known to the law" in Meadows v. Belknap, 199 W.Va. 243, 247 n. 7, 483 S.E.2d 826, 830 n. 7 (1997), and in Yeager v. Town of Fairmont, 43 W.Va. 259, 261, 27 S.E. 234, 234 (1897). Consistent with t......
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Gastar Exploration, Inc. v. Contraguerro, 16-0429
...246 (1981) holds: "Parties are bound by general and ordinary meanings of words used in deeds." Accord syl. pt. 1, Meadows v. Belknap , 199 W.Va. 243, 483 S.E.2d 826 (1997). See W.Va. Dep't of Highways v. Farmer , 159 W.Va. 823, 825, 226 S.E.2d 717, 719 (1976) ("It has long been held that wh......