Home/West Virginia Supreme Court/State v. Edmunds

State v. Edmunds

164 S.E. 286, 112 W. Va. 316, 1932 W. Va. LEXIS 151
CourtWest Virginia Supreme Court
DecidedMay 17, 1932
Docket7234
StatusPublished

This text of 164 S.E. 286 (State v. Edmunds) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Edmunds, 164 S.E. 286, 112 W. Va. 316, 1932 W. Va. LEXIS 151 (W. Va. 1932).

Opinions

Woods, Judge:

This is a suit under provisions of Chapter 105, Code 1923, to declare forfeited for non-entry for taxation for a period of more than five successive years that certain narrow strip of land, 600 feet in length lying between the Kanawha River and Kanawha Avenue, as shown on plat herein.

R. W. Edmunds, on March 6, 1918, acquired title to a four-acre tract from the Charleston Gun Club, a corporation, which he subdivided as shown on plat, the original tract extending from East Avenue on the south to the low water mark of the Kanawha on the north, including the irregular lots Nos. 29 and 30. Having in 1918 sold sixteen of the lots, viz. Nos. 1 to 15 inclusive and No. 30, Edmunds had himself assessed with the fourteen remaining lots for the year 1919, but did not enter the rectangle in direct prolongation and to the north of the one numbered 15. In 1920, he was not assessed with any of the Gun Club tract, having disposed of the remaining fourteen lots in 1919.

The heirs of R. W. Edmunds and Carbide and Carbon Chemicals Corporation were made parties defendant to the present suit, the former because the property is alleged to be delinquent in the name of R. W. Edmunds, and the latter by reason of its claim to same. The Edmunds seek to redeem, while the Carbide and Carbon Chemicals Corporation *319 assert that the property bas been regularly entered on the tax books each. year. The circuit court found in accordance with the latter’s contention, and dismissed the suit, taxing the costs thereof against the-Edmunds heirs.

*318

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Cite This Page — Counsel Stack

Bluebook (online)
164 S.E. 286, 112 W. Va. 316, 1932 W. Va. LEXIS 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-edmunds-wva-1932.