Morgan v. Blatchley
| Decision Date | 09 November 1889 |
| Citation | 33 W.Va. 155 |
| Court | West Virginia Supreme Court |
| Parties | Morgan v. Blatchley. *(Green Judge, Absent.) |
Parties.
In a bill brought by a party, to whom a widow has conveyed her dower interest in two tracts of land, to have dower assigned therein, which parcels of land at the time said suit is brought, are held and owned by different parties, the persons owning and holding said respective tracts of land are necessary parties defendant.
2. Parties Ex Mero Motu.
Although the objection to the bill for want of proper parties is not properly raised in the Circuit Court by demurrer, plea or answer, this Court will on its own motion reverse and remand the cause for want of proper parties, where such defect is apparent upon the face of the bill and exhibits.
L. D. Strader for appellant.
A. M. Poundstone for appellee.
This was a suit in equity, brought in the Circuit Court of Randolph county, by Littleton T. Morgan against Charles G. Blatchley, to February rules, in the year 1887, for the purpose of having the dower to which Catharine Morgan is entitled in two tracts of land, containing in the aggregate 410 acres, as the widow of David Morgan, deceased, assigned, and which dower he claims under a deed from said Catharine Morgan, dated the 21st day of September, 1885. It appears that in the year 1858, John S. Hoffman and Samuel T. Talbott conveyed to David Morgan and Charles Morgan 1, 250 acres of land, situated in Randolph and Upshur counties, and retained the vendor's lien to secure the unpaid purchase money; that said title was conveyed by separate deeds, each conveying an undivided moiety, and the vendor's lein retained in each deed on the entire 1, 250 acres. On the 20th of June, 1867, said David and Charles Morgan made a friendly partition of said lands between them, the said David Morgan conveying to said Charles Morgan 200 acres of said 1, 250, and said Charles conveying to said David the residue thereof; and that subsequently said David conveyed 200 acres to the plaintiff, Littleton T. Morgan, and other parcels thereof to James Shahan, David C. Morgan, and Morgan Morgan, until he had left but 410 acres, in two tracts one containing 250 acres and the other 160 acres.
In the year 1879, Gideon D. Camden and John R. Boggess, as executors and trustees, under the will of John S. Hoffman, deceased, brought a suit against said David and Charles Morgan for the enforcement of said vendor's lien against said lands. On the first day of "December, 1883, said David Morgan married one Catharine Ware; and on the 9th day of April, 1885, the said David Morgan died; and on the 21st day of September, 1885, said Catharine Morgan sold all her right, title, and interest in said 1, 250 acres of land to the plaintiff, Littleton T. Morgan.
A decree was rendered in the suit brought by said executors on the 22d of September, 1884, directing a sale of said 410 acres of land first, and, if that was not sufficient to satisfy the decree, then to sell the residue of said lands in the order therein set forth; which sale was made on the 4th day of January, 1886, by C. J. P. Cresap, special commissioner, and John R. Boggess became the purchaser of said 410 acres, which appears to be in two parcels, one containing 250 and the other 160 acres which sale was confirmed; and on the 15th day of January, 1886, said C. J. P. Cresap, as special commissioner, by virtue of authority vested in him by the provisions of a decree rendered in said cause, conveyed said tracts or parcels of land, containing 410 acres, in two parcels one containing 250 acres and the other 160 acres to said John R. Boggess; and on the 16th day of January, 1886, said John R. Boggess, by deed of that date, conveyed, with general warranty, said portion of said 410 acres which contains 250 acres to the defendant, Charles G. Blatchley.
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