Carter v. Tyler
Court of Appeals of Virginia
In an ejectment for 1000 acres of land in the County of Prince William, the jury found, that John Champe was, in his life-time, seised, in fee simple, of sundry tracts of land, and of the lands in the declaration mentioned, and thereof died seised in fee, on the first day of March, 1763, having duly made his last will and testament, bearing date the tenth day of December, 1759, whereby he devised as follows: “My will is that my son William Champe have all my lands in King…
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In an ejectment for 1000 acres of land in the County of Prince William, the jury found, that John Champe was, in his life-time, seised, in fee simple, of sundry tracts of land, and of the lands in the declaration mentioned, and thereof died seised in fee, on the first day of March, 1763, having duly made his last will and testament, bearing date the tenth day of December, 1759, whereby he devised as follows: “My will is that my son William Champe have all my lands in King George County, next below Poplar Swamp, together with my old mill, &c. to him and his heirs lawfully begotten forever…
1Opinion of the Court
PENDLETON, President.
When Mr. Call, yesterday, entered so extensively into the proof, that there may be such things as determinable or subordinate fees in lands, a by-stander would have supposed, that the law under consideration had given some such fee to tenants in tail: but, the words of the act are, ‘ ‘ that such tenants in tail, shall be ipso facto seised, possessed, or entitled of, in, or to his estate or interest, in full absolute fee simple, in like manner as if the deed, will, act of Assembly, or other instrument, they hold under, had conveyed the same to them in fee simple; any…
2Cases cited4 opinions
- Tidball v. LuptonSupreme Court of Virginia · 1822
- M'Clintic v. MannsSupreme Court of Virginia · 1815
- Kendall v. EyreSupreme Court of Virginia · 1823
- DeFord v. UrbainIndiana Superior Court · 1871
3Cited by7 opinions
- Jarrell v. FrenchWest Virginia Supreme Court · 1897
- Bells v. GillespieSupreme Court of Virginia · 1827
- Goodrich v. HardingSupreme Court of Virginia · 1825
- Smith v. ChapmanSupreme Court of Virginia · 1807
- Smith v. ChapmanSupreme Court of Virginia · 1807
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