CYRUS v. THARP

No. 12145.

126 S.E.2d 31 (1962)

T. R. CYRUS v. J. C. M. THARP et al.

Supreme Court of Appeals of West Virginia.

Decided June 19, 1962.


Attorney(s) appearing for the Case

Ferguson, Baer & Ferguson, Charles W. Ferguson, III, Huntington, for appellants.

Chad W. Ketchum, Tom T. Baker, Huntington, for appellee.


CALHOUN, President.

On June 28, 1958, Olive M. Adkins, a widow, executed a deed dated June 24, 1958, conveying a house and lot in Huntington, West Virginia, to J. C. M. Tharp and Pearl Tharp, husband and wife. The grantor in the deed died intestate on July 1, 1958, the fourth day after the day on which the deed was executed. T. R. Cyrus, her brother and sole heir at law, who is referred to herein as the plaintiff, instituted a suit in chancery in the Circuit Court...

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