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SUMMERS v. BROWN

No. 13742.

236 S.E.2d 344 (1977)

Everett SUMMERS and Lula Summers v. Maggie Summers BROWN and Robert Brown.

Supreme Court of Appeals of West Virginia.

July 15, 1977.

Attorney(s) appearing for the Case

J. M. Tully, Summersville, for appellants.

James H. Wolverton, Richwood, for appellees.

PER CURIAM:

Plaintiffs sought to eject Maggie Summers Brown from property which she alleged she had occupied for fourteen years and upon which, with plaintiffs' acquiescence, she had constructed a $12,000 house. Maggie Summers Brown's answer raised the issue of whether plaintiffs, by their acquiescence, were estopped under the rule in Despard v. Despard, 53 W.Va. 443, 44 S.E. 448 (1903), from asserting their right to possession of the property.

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