Lucas v. Brooks
Supreme Court of the United States
Error to the Circuit Court for the District of West Virginia; in which court P. C. Brooks brought ejectment against Robert Lucas for a farm. The case was thus: The farm, in 1844, was owned by Edward Lucas, the father of this Robert Lucas. In the year mentioned one Towner recovered three judgments against Edward Lucas, which became liens on the farm. In 1848, Edward Lucas, being embarrassed, conveyed the farm with general warrantee to his son, the said Robert.
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Error to the Circuit Court for the District of West Virginia; in which court P. C. Brooks brought ejectment against Robert Lucas for a farm. The case was thus: The farm, in 1844, was owned by Edward Lucas, the father of this Robert Lucas. In the year mentioned one Towner recovered three judgments against Edward Lucas, which became liens on the farm. In 1848, Edward Lucas, being embarrassed, conveyed the farm with general warrantee to his son, the said Robert. In 1858, Towner (Edward Lucas being now dead) filed a bill against his executor, against Robert Lucas, purchaser of the farm, and other…
1Opinion of the CourtJustice Strong
Before proceeding to a consideration of the several errors assigned, it may be remarked that if the defendant was m possession under a lease from the plaintiff, or from any, one to whose reversion the plaintiff had succeeded, he was not at liberty to controvert the title of the plaintiff or of that reversioner, while he remained in possession. In view of this undoubted principle it is impossible to see how he could have resisted a recovery, if in fact he was the tenant of the plaintiff, or if the plaintiff had succeeded to the title of R. D. Shepherd. But it is very plain that during the…
2Cited by61 opinions
- Nathanson v. United StatesSupreme Court of the United States · 1933
- Hopkins v. GrimshawSupreme Court of the United States · 1897
- Van Stone v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Lancaster v. CollinsSupreme Court of the United States · 1885
- Mercer v. StateSupreme Court of Florida · 1898
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