Legal Opinion

Franklin County v. Gills & Johnson

Supreme Court of Virginia

Decided September 15, 1898PublishedCited by 7 opinions

Error to a judgment of the Circuit Court of Franklin county rendered October 22, 1896, in an action of ejectment wherein the county of Franklin and the Board of Supervisors of Franklin county, the plaintiffs in error, were the plaintiffs, and the defendants in error were the defendants. There were two counts in the declaration, in one of which the county of Franklin complains, and in the other the county of Franklin and the Board of Supervisors of Franklin county complain.

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Error to a judgment of the Circuit Court of Franklin county rendered October 22, 1896, in an action of ejectment wherein the county of Franklin and the Board of Supervisors of Franklin county, the plaintiffs in error, were the plaintiffs, and the defendants in error were the defendants. There were two counts in the declaration, in one of which the county of Franklin complains, and in the other the county of Franklin and the Board of Supervisors of Franklin county complain. There was no demurrer or objection to the declaration, but the parties went to trial on the issue made on the plea of not…

1Opinion of the Court

Buchanan, J.,

delivered the opinion of the court..

This is an action of ejectment brought by the plaintiffs to recover the possession of a room in the court-house of Franklin county, in the possession of the defendants.

The facts in evidence as agreed and certified by the Circuit Court are as follows:

“ The property in controversy, as set forth in the plaintiffs’ declaration, is the property in fee-simple of Franklin county; that the deed under which the said county holds the land on which the room in controversy is located, specifically provides that the land conveyed shall be usdd for public…

2Cases cited1 opinion

  1. County of Alleghany v. ParrishSupreme Court of Virginia · 1896

3Cited by7 opinions

  1. Hilgers v. Woodbury CountySupreme Court of Iowa · 1925
  2. Hale v. StengerWashington Supreme Court · 1900
  3. City of Williamsburg v. LyellSupreme Court of Virginia · 1922
  4. Head-Lipscomb-McCormick Co. v. City of BristolSupreme Court of Virginia · 1920
  5. Cropper v. CommonwealthGeneral Court of Virginia · 1843

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