Caruthers v. Eldridge's ex'or
Supreme Court of Virginia
This was a" caveat in the Circuit court of Marion county, filed in January 1849, by William Eldridge, to prevent the issue of a patent to William Caruthers and David Morgan for seven hundred and ninety acres of land, of which they had made an entry, and had a survey made.
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This was a" caveat in the Circuit court of Marion county, filed in January 1849, by William Eldridge, to prevent the issue of a patent to William Caruthers and David Morgan for seven hundred and ninety acres of land, of which they had made an entry, and had a survey made. After the proceeding had been commenced the caveator died, and it was revived in the name of his executor and the devisees of the proceeds of the land which was directed by the will to be sold. . On the trial the caveators introduced a patent bearing date the 6th of November 1797, to Daniel Eldridge, for one thousand acres…
1Opinion of the CourtDaniel, J.
The paper dated the 7th day of August 1815, purporting to be a deed from Daniel Eldridge to William Eldridge, was not legally recorded. There was no law in force at the era of its date, which allowed of its being recorded on the force of an acknowledgment before the chief justice of the Supreme court of Pennsylvania. And it is, I think, obvious from the statement of the judge of the Circuit court *674in the bill of exceptions, that the ground on which he permitted said paper to go to the jury as evidence of a conveyance, was that of its being an ancient deed. The counsel for the caveatees insists…
2Cases cited1 opinion
- Rowland v. DotyMichigan Court of Chancery · 1839
3Cited by9 opinions
- Applegate v. Lexington & Carter County Mining Co.Supreme Court of the United States · 1886
- Fulkerson v. HolmesSupreme Court of the United States · 1886
- Bailey v. HudkinsWest Virginia Supreme Court · 1927
- Nowlin v. BurwellSupreme Court of Virginia · 1881
- Bucklen v. HasterlikAppellate Court of Illinois · 1893
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