Miller v. Williams
Supreme Court of Virginia
This was an action of ejectment in the Circuit court of Nicholas county, brought in August 1855, by Hazael Williams and Thomas McCleary against Charles C. Miller, to recover a tract of three thousand acres of land. On the trial there \vas a verdict and judgment for the plaintiffs; and the defendant excepted to opinions of the court overruling a motion for a new trial, and also for refusing and giving certain instructions.
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This was an action of ejectment in the Circuit court of Nicholas county, brought in August 1855, by Hazael Williams and Thomas McCleary against Charles C. Miller, to recover a tract of three thousand acres of land. On the trial there \vas a verdict and judgment for the plaintiffs; and the defendant excepted to opinions of the court overruling a motion for a new trial, and also for refusing and giving certain instructions. Numerous questions were raised, but only two of them were considered by this court. As early as December 1782 George Clendenin and George Huston his surety executed a bond…
1Opinion of the CourtLee, J.
Various questions have been elaborately discussed by the counsel in this case, two only of which, however, do I propose to consider. These are:
First, whether the defendants in error vrho were the plaintiffs in the court below, have made out a case entitling them to recover without showing the legal title which they claim to have derived under the sale made by the commissioner of delinquent and forfeited lands and the deed made to them by Commissioner Brown.
Second, whether such sale and deed did invest them with the legal title to the land in controversy so that they can recover on the…
2Cases cited3 opinions
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Walton v. HaleSupreme Court of Virginia · 1852
- Emerick v. TavenerSupreme Court of Virginia · 1852
3Cited by11 opinions
- McClure v. MaitlandWest Virginia Supreme Court · 1884
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Voss v. KingWest Virginia Supreme Court · 1889
- Turpin v. SaundersSupreme Court of Virginia · 1879
- Taylor v. ForrestCourt of Appeals of Maryland · 1903
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