Callison v. Hedrick
Supreme Court of Virginia
This was an action on the case in the Circuit court of Greenbrier county, brought by Margaret P. Callison against Henry Hedrick, to recover damages for an entry upon and ploughing up and scraping her lands. Upon the trial, which took place at the October term 1858, the plaintiff proved the entry upon her land by the defendant, and that he ploughed up the same for the distance of about a mile, with the purpose of making through said lands the Lewisburg and Oakland turnpike.
Read the full summary
This was an action on the case in the Circuit court of Greenbrier county, brought by Margaret P. Callison against Henry Hedrick, to recover damages for an entry upon and ploughing up and scraping her lands. Upon the trial, which took place at the October term 1858, the plaintiff proved the entry upon her land by the defendant, and that he ploughed up the same for the distance of about a mile, with the purpose of making through said lands the Lewisburg and Oakland turnpike. And when she had concluded her testimony, the defendant offered in evidence a plat with the certificates thereon, which…
1Opinion of the CourtLee, J.
That the evidence offered by the defence in this case might be received under the general issue, if itself free from objection, is very clear. It has long been settled that the defendant under this issue may prove that the locus in quo was his own freehold or that of another by whose authority he entered, or that he hath any other title or right to the possession. Diersly and, Nevel's Case, 1 Leon. R. 301; Dodd v. Kyffin, 7 T. R. 354; Garr, &c. v. Fletcher, 2 Stark. R. 71, 3 Eng. C. L. R. 250; Chambers v. Donaldson, 11 East’s R. 65, 72; Argent v. Durrant, 8 T. R. 403, Gilb. Ev. 258.
The…
2Cited by10 opinions
- Keystone Bridge Co. v. SummersWest Virginia Supreme Court · 1878
- Charleston & Southside Bridge Co. v. ComstockWest Virginia Supreme Court · 1892
- State ex rel. Hines v. Scott County Macadamized Road Co.Supreme Court of Missouri · 1907
- State ex rel. Allison v. Hannibal & Ralls County Gravel Road Co.Supreme Court of Missouri · 1897
- James Riv. & Kan. Co. v. ThompsonSupreme Court of Virginia · 1846
5 more not listed; retrieve them via the Exa API.