Summers v. Brown

West Virginia Supreme Court

Summers v. Brown

236 S.E.2d 344, 160 W. Va. 679, 1977 W. Va. LEXIS 279

CourtWest Virginia Supreme Court

DecidedJuly 15, 1977

DocketNo. 13742

StatusPublished

Cited by1 cases

This text of 236 S.E.2d 344 (Summers v. Brown) 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

Summers v. Brown, 236 S.E.2d 344, 160 W. Va. 679, 1977 W. Va. LEXIS 279 (W. Va. 1977).

Pincite

Opinion

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 [680]*680plaintiffs, by their acquiescence, were estopped under the rule in Despard v. Despard, 53 W. Va. 443, 43 S.E. 448 (1903), from asserting their right to possession of the property.

Summary judgement cannot be granted in a case where a genuine issue of material fact is raised. Oakes v. Monongahela Power Co., _ W. Va. _, 207 S.E.2d 191 (1974). Since the question of whether or not plaintiffs were estopped was material to their right of recovery, and since Maggie Summers Brown raised questions of fact, which if proved, could possibly establish estoppel, the trial court erred in awarding summary judgment for plaintiffs and in denying Maggie Summers Brown an opportunity to introduce evidence on her allegations.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

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 [680]*680plaintiffs, by their acquiescence, were estopped under the rule in Despard v. Despard, 53 W. Va. 443, 43 S.E. 448 (1903), from asserting their right to possession of the property.

Summary judgement cannot be granted in a case where a genuine issue of material fact is raised. Oakes v. Monongahela Power Co., _ W. Va. _, 207 S.E.2d 191 (1974). Since the question of whether or not plaintiffs were estopped was material to their right of recovery, and since Maggie Summers Brown raised questions of fact, which if proved, could possibly establish estoppel, the trial court erred in awarding summary judgment for plaintiffs and in denying Maggie Summers Brown an opportunity to introduce evidence on her allegations.

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

236 S.E.2d 344, 160 W. Va. 679, 1977 W. Va. LEXIS 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/summers-v-brown-wva-1977.

Opinion

Related

Cite This Page — Counsel Stack