DISHMAN v. JARRELL

No. 14177.

271 S.E.2d 348 (1980)

Darvin Ray DISHMAN and Virgie Mae Dishman v. James JARRELL.

Supreme Court of Appeals of West Virginia.

October 28, 1980.


Attorney(s) appearing for the Case

Baer, Napier & Colburn, Helen M. Morris and William K. Napier, Huntington, for appellants.

No appearance for appellee.


HARSHBARGER, Justice:

The Dishmans appeal the Wayne County Circuit Court's dismissal of their complaint for failure to state a claim upon which relief can be granted, West Virginia Rules of Civil Procedure, 12(b)(6).

Their complaint alleges that they bought 1.85 acres of real estate for $12,600 on November 6, 1972, and executed a deed of trust to Wayne County Bank for $4,550-that trust deed is now owned by Clifford Hatten. In late 1974 or early 1975, plaintiffs...

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