This section contains the nature of the case and procedural background.

George died, and a decree was issued to partition his lands among the several parties then owning the properties as tenants in common. Most of the land was in Highland County in Virginia, but parts of the land were in Pendleton County, West Virginia. Ds demurred to the bill that was filed in that they claimed that the Virginia court had no jurisdiction over the lands in West Virginia. The court overruled that demurrer and split all the lands. D’s obtained an appeal and supersedeas from one of the judges of the Supreme Court of Virginia.

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