Stinchcomb v. Marsh
Supreme Court of Virginia
This was an action of ejectment in the Circuit court of Ritchie county, brought in March 1852, by Thomas Stinchcomb against Enoch Marsh, to recover one hundred acres of land.
Read the full summary
This was an action of ejectment in the Circuit court of Ritchie county, brought in March 1852, by Thomas Stinchcomb against Enoch Marsh, to recover one hundred acres of land. On the trial of the cause the plaintiff claimed under a patent from the commonwealth to Robert McClure and John Relfe, for one thousand acres of land, which described it as beginning at a white oak, corner to Hugh Lenox’s survey, No. 11, and 'thence by a line of said Lenox S. 45 W. 497 poles to a black oak, &c. And as evidence tending to locate the grant, he introduced in evidence a copy of a plat and certificate of a…
1Opinion of the CourtLee, J.
Two questions occur in this case, first, whether the records of the cases of Rawson v. Dawson and Rawson v. Hitchcox mentioned in the plaintiff’s first bill of exceptions were properly excluded from the jury, and second, whether the deed from Chapman as attorney in fact for Susan Mitchell to the plaintiff of the 15th of August 1848 was properly rejected when offered to prove the transfer of the legal title to the land therein described to the plaintiff. Of these in the order stated.
It is a well settled rule of evidence that a verdict and judgment in an action at law cannot be received in…
2Cases cited3 opinions
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Elwell v. ShawMassachusetts Supreme Judicial Court · 1819
- Shanks v. LancasterSupreme Court of Virginia · 1848
3Cited by9 opinions
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Gordon v. FunkhouserSupreme Court of Virginia · 1902
- Lynchburg Cotton Mills v. RivesSupreme Court of Virginia · 1911
- United States Fidelity & Guaranty Co. v. JordanSupreme Court of Virginia · 1907
4 more not listed; retrieve them via the Exa API.