Birch v. Linton
Supreme Court of Virginia
Error to judgment of circuit court of Alexandria county, rendered May 19th, 1881, in an action of ejectment, wherein Philip H. Linton and his wife, Martha A. (formerly Birch), were plaintiffs, and John T. Birch was defendant. The object of the action was to recover sixteen acres of land and the uiesne profits for five years next before action.
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Error to judgment of circuit court of Alexandria county, rendered May 19th, 1881, in an action of ejectment, wherein Philip H. Linton and his wife, Martha A. (formerly Birch), were plaintiffs, and John T. Birch was defendant. The object of the action was to recover sixteen acres of land and the uiesne profits for five years next before action. Martha owned this land, and whilst an infant, the day before her marriage, by deed of September 8th, 1858, conveyed it to Jane T. Birch, who conveyed it to defendant. After marrying Philip they went to Maryland, where they still reside. Without having…
1Opinion of the CourtHinton, J.
This is an action of ejectment brought by the defendants in error, Phillip H. Linton and Martha A. Linton, his wife, against the plaintiff in error, John T. Birch, in the circuit court of the county of Alexandria, to recover sixteen acres of land lying in said county, and for the mesne profits accruing during the five years next preceding the action.
During the progress of the trial the defendant requested the court to give four instructions; but it refused to do so, and in lieu thereof gave one of its own; and this action of the court constitutes the first ground of exception.
The refusal of…
2Cases cited4 opinions
- Sims v. EverhardtSupreme Court of the United States · 1880
- Irvine v. IrvineSupreme Court of the United States · 1870
- Mustard v. Wohlford's heirsSupreme Court of Virginia · 1859
- Wilson v. BranchSupreme Court of Virginia · 1883
3Cited by6 opinions
- Caperton v. GregorySupreme Court of Virginia · 1854
- McCauley v. GrimSupreme Court of Virginia · 1913
- Putnal v. WalkerSupreme Court of Florida · 1911
- Blake v. HollandsworthWest Virginia Supreme Court · 1912
- Womack v. CircleSupreme Court of Virginia · 1877
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