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WARTENBURG v. WARTENBURG

No. 10878.

100 S.E.2d 562 (1957)

Howard D. WARTENBURG v. Nora M. WARTENBURG.

Supreme Court of Appeals of West Virginia.

Decided November 19, 1957.

Attorney(s) appearing for the Case

Somerville, Hyer & Littlepage, Samuel D. Littlepage, Pt. Pleasant, for appellant.

John G. Anderson, Winfield, for appellee.

GIVEN, Judge.

Plaintiff, Howard D. Wartenburg, instituted a proceeding in chancery in the Circuit Court of Mason County against defendant, Nora M. Wartenburg, for the purpose of having partitioned real estate conveyed to them by two certain deeds. The parties are husband and wife, living separate and apart. The circuit court denied partition for the reason that the parties, "being husband and wife, took an estate by the entireties in the property conveyed", and that...

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