Legal Opinion

Rose v. Agee

Supreme Court of Virginia

Decided November 18, 1920PublishedCited by 2 opinions

Error to a judgment of the Circuit Court of Botetourt county in an action of ejectment. Judgment for defendants. Plaintiff assigns error.

1Opinion of the Court

Kelly, P.,

delivered the opinion of the court.

This is an action of ejectment brought by Matilda Rose against S. C. Agee, Nannie Agee and A. B. Wood. The declaration claimed a boundary of 115 acres. The defendants in their grounds of defense denied the plaintiff’s title to ninety-seven acres of that boundary, and entered an informal disclaimer as to the residue. The verdict of the jury was for the plaintiff as to the portion disclaimed and *504for the defendants as to the ninety-seven acres, the latter being the only land in actual controversy between the parties, either before or after the action…

2Cases cited10 opinions

  1. Carver v. JacksonSupreme Court of the United States · 1830
  2. Van Renesselaer v. KearneySupreme Court of the United States · 1851
  3. Lessee of French and Wife v. SpencerSupreme Court of the United States · 1859
  4. Flanary v. KaneSupreme Court of Virginia · 1904
  5. Nye v. LovittSupreme Court of Virginia · 1896

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3Cited by2 opinions

  1. Ewell v. WeagleyCourt of Appeals for the Fourth Circuit · 1926
  2. Ettinger v. Oyster Bay II Cmty. Prop. Owners' Ass'nSupreme Court of Virginia · 2018

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