Ward v. Ward
West Virginia Supreme Court of Appeals
783 S.E.2d 873 (2016)
- Written by Eric Miller, JD
Facts
In 1999, Gary Ward and his wife, Susan Ward (defendant) built a log cabin on a tract of land owned by Gary’s mother, Judith Ward (plaintiff). Gary and Susan paid for the $50,000 homebuilding kit. Judith apparently consented to the construction and helped finance it. However, after Gary’s death in 2014, Judith served Susan with a notice to vacate the log cabin and brought an action for unlawful detainer. At trial, Susan stated that Judith told her that Susan and Gary would inherit the entire property. The circuit court held that Judith was entitled to evict Susan, who had no property interest in the lot, but also that the log cabin constituted an improvement for which Susan was entitled to compensation. The court therefore required Judith to pay $50,000—the cost of the log-cabin kit—as a condition of Susan’s eviction. Judith appealed to the West Virginia Supreme Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Davis, J.)
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