Legal Opinion

Power v. Tazewells

Supreme Court of Virginia

Decided January 15, 1878Published

This was a proceeding of unlawful de-tainer in the Circuit court of Northampton county, instituted the 3rd day of June 1874, by Sallie and Eliza Tazewell against Joseph P. Power and Benjamin Kellog, to recover the possession of certain oyster grounds situated on Old Plantation creek, opposite the lands of the plaintiff. The case was submitted to the decision of the court; and the court rendered a judgment in ' favor of the plaintiffs.

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This was a proceeding of unlawful de-tainer in the Circuit court of Northampton county, instituted the 3rd day of June 1874, by Sallie and Eliza Tazewell against Joseph P. Power and Benjamin Kellog, to recover the possession of certain oyster grounds situated on Old Plantation creek, opposite the lands of the plaintiff. The case was submitted to the decision of the court; and the court rendered a judgment in ' favor of the plaintiffs. And the defendants excepted and spread the evidence upon the record. Prom this evidence it appears, that on the 3rd day of August 1873, Orris A. Browne,…

1Opinion of the CourtAnderson, J.

By an act of assembly, in force April 1st, 1873, the owner or occupier of land having a water front, suitable for planting or sowing oysters thereon, might have *so much of the “beds or shores assigned to him by the inspector of the district, for his exclusive use and occupancy for the period of one year, as the inspector might deem,necessary for the quantity proposed to be planted or sowed.” (Sess. Acts 1872-’3, ch. 333, $$ 6, 7 and 8.) In pursuance of this act, Sallie and Eliza W. Taze-well, who were the owners of land having a water front suitable for such purpose, had a part thereof…

2Cases cited16 opinions

  1. McCready v. VirginiaSupreme Court of the United States · 1877
  2. Commonwealth v. BrownSupreme Court of Virginia · 1895
  3. Wharton v. WiseSupreme Court of the United States · 1894
  4. Mears & Lewis v. DexterSupreme Court of Virginia · 1890
  5. Boggs v. CommonwealthSupreme Court of Virginia · 1882

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