West Virginia Supreme Court October 13, 1925, No. 5357. (Kaufman v. Catzen)

Woods, Judge:

This cause has been considered by this court twice before on appeal. See

Kaufman

v.

Catzen,

81 W. Va. 1, and

Kaufman

v.

Catzen,

90 W. Va. 719, which opinions are referred to for a statement of the facts. However, a brief history of the litigation will be necessary to an understanding of the questions involved here.