Buchanan v. King's heirs
Supreme Court of Virginia
Ill September 1852, ¥m. King and others, claiming to be heirs of Wm. King the elder, instituted a suit in equity, in the Circuit court of Smyth county, against Andrew F. Buchanan, for partition of a tract of two hundred and seventy acres of land of which the plaintiffs claimed they, as the heirs of Wm. King, were entitled to one undivided moiety.
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Ill September 1852, ¥m. King and others, claiming to be heirs of Wm. King the elder, instituted a suit in equity, in the Circuit court of Smyth county, against Andrew F. Buchanan, for partition of a tract of two hundred and seventy acres of land of which the plaintiffs claimed they, as the heirs of Wm. King, were entitled to one undivided moiety. Though the process was served in September 1852, the bill was not filed until November 1854; and in April 1855, Buchanan answered, without having taken any steps to have the suit dismissed for the failure to file the bill in time, nor did he allude…
1Opinion of the CourtStaples, J.
This is a suit for partition of a tract of land claimed by the appellees, as tenants in common with appellants. The court below rendered a decree in accordance with the prayer of the bill; and from this decree an appeal has been taken to “this court. Various errors have been assigned, some of which relate merely to the regularity of the proceedings in the Circuit court, and will be first noticed.
It is objected that the clei'k ought to have dismissed the suit, because of the plaintiffs’ failure to file their bill for more than two years after the execution and return of the original process.…
2Cases cited2 opinions
- Early & Wife v. FriendSupreme Court of Virginia · 1860
- Hannon v. HannahSupreme Court of Virginia · 1852
3Cited by17 opinions
- Pillow v. Southwest Virginia Improvement Co.Supreme Court of Virginia · 1895
- Virginia Coal & Iron Co. v. KellySupreme Court of Virginia · 1896
- Rust v. RustWest Virginia Supreme Court · 1881
- Arnold v. MyliusWest Virginia Supreme Court · 1921
- Johnston v. Virginia Coal & Iron Co.Supreme Court of Virginia · 1898
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