Nichols v. Covey
Court of Appeals of Virginia
This was an appeal from the Superior Coqrt of Law for Montgomery county, where Nichols and others brought ejectment against Covey and others, for a messuage and five hundred acres of land.
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This was an appeal from the Superior Coqrt of Law for Montgomery county, where Nichols and others brought ejectment against Covey and others, for a messuage and five hundred acres of land. Issue being joined, the jury found a special verdict to the following effect: that a grant issued to Nichols on the 28th day of March, 1796, for 45.000 acres, by a survey dated 12th of June, 1795, with this exception, that “ the survey, upon which this grant is founded, includes 6,800 acres of prior claims (exclusive of 45.000 acres) which, having a preference by law to the warrant and right upon which this…
1Opinion of the Court
Judge Coalter.
delivered his opinion.
The question in this case is, whether a patent, issued in pursuance of the Act of 1788, (2 Rev. Code, 434,) which includes in its general courses a prior claim, is to be considered as passing to the patentee, the title of the Commonwealth in and to the lands covered by such prior claim, subject only to the title, whatever it may be in the prior claimant; so that if that title, as in the case before us, is only a prior entry, subject to be vacated by neglect to survey; and return the plat, as is also this case, no one can enter therefor, as in other cases of…
2Cited by7 opinions
- Reusens v. LawsonSupreme Court of Virginia · 1895
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Bryan v. WillardWest Virginia Supreme Court · 1882
- United States v. GroggDistrict Court, W.D. Virginia · 1925
- William James' Sons Co. v. CrouchWest Virginia Supreme Court · 1913
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