(Download) "Belcher v. Powers" by West Virginia Supreme Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Belcher v. Powers
- Author : West Virginia Supreme Court of Appeals
- Release Date : January 11, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This case is an appeal by the plaintiffs below, Randall Floyd Belcher and Charles Eugene Belcher, from the May 29, 2001, final order of the Circuit Court of Kanawha County involving an action for injunctive relief to prohibit the unlawful taking of private property. The specific issue in this appeal is whether the circuit court correctly construed a deed in its determination of the amount of land reserved for use as a family cemetery. Appellants contend that the lower court erred in finding for the defendants/third party plaintiffs below, Richard L. Agee, Melva C. Agee, and Kenneth Agee, and the third party defendants below, Norva Belcher and George R. Powers, because the recorded deeds involving a tract of land, which was subdivided into seven lots in 1959, together with a map attached to one of the recorded deeds and referenced in the remaining deeds established a reservation of a cemetery larger in size than that determined by the lower court. After thorough review of the petition for appeal, the entire record and the briefs of the parties as well as careful consideration of the arguments made before this Court, the final order of the circuit court is reversed for the reasons set forth below.
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