Gittings's Lessee v. Hall
General Court of Virginia
ExRCTMENT for part of a tract of land called Hill’s A Forest, lying in Baltimore county. Defence on war-cant, and plots returned. 1. The defendant at the trial, offered evidence to the íury f.o prove* that Walter Tollij was m the actúal possession, by enclosure, of the land contained within the fence located on the plots, claiming the same as his own, at the time James Bosley executed the deed to George Buchanan of the 16th of June 1784, for part of Hill’s Forest,,…
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ExRCTMENT for part of a tract of land called Hill’s A Forest, lying in Baltimore county. Defence on war-cant, and plots returned. 1. The defendant at the trial, offered evidence to the íury f.o prove* that Walter Tollij was m the actúal possession, by enclosure, of the land contained within the fence located on the plots, claiming the same as his own, at the time James Bosley executed the deed to George Buchanan of the 16th of June 1784, for part of Hill’s Forest,, containing 431 acres more or less, it being the tract or parcel of land conveyed by Ogle and wife to the said Bosley, and that…
1Opinion of the Court
The Court oj? Axtkaus, [ (a)
Mackall, Jones, Folts and Dennis, J.]
gave the following opinion:
The first bill of exceptions in this cause presents two questions for decision.
First. If James Bosley, who is stated to have been in the possession of the land called Hill’s Forest, at the execution of his deed to George Buchanan, and *27George Buchanan having the same possession of the land conveyed by James Bosley to him, had, in construction of law, at the execution of their several deeds, such a possession of the whole, as entitled them, to convey7 the same by deed of bargain and sale, notwithstanding…
2Cited by4 opinions
- Hoye v. SwanCourt of Appeals of Maryland · 1853
- Joseph Cresap's Lessee v. HutsonCourt of Appeals of Maryland · 1850
- Ramsburg v. CampbellCourt of Appeals of Maryland · 1881
- Longworth v. CloseU.S. Circuit Court for the District of Indiana · 1837