Harvey v. Branson
Supreme Court of Virginia
Levi Branson filed his bill against Harvey and wife and Peck, setting forth that his grand-father, Benjamin Borden the elder, by his will in 1742, among other things, directed that all his lands on the waters of James river should be sold, excepting 5000 acres of land, all good, which he gave to five of his daughters, Abigail Worthington, Rebecca Branson, Deborah Borden, Lydia Borden, and Elizabeth Borden, that is, 1000 acres of good land a-piece to every one of the said…
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Levi Branson filed his bill against Harvey and wife and Peck, setting forth that his grand-father, Benjamin Borden the elder, by his will in 1742, among other things, directed that all his lands on the waters of James river should be sold, excepting 5000 acres of land, all good, which he gave to five of his daughters, Abigail Worthington, Rebecca Branson, Deborah Borden, Lydia Borden, and Elizabeth Borden, that is, 1000 acres of good land a-piece to every one of the said five daughters above mentioned, to them and their heirs and assigns forever : that his widow and eldest son and heir…
1Opinion of the CourtCarr, J.
All decrees are either interlocutory or final: there is no middle class. In the progress of a cause, it often becomes necessary to make orders of different kinds, in order to enable the court to come at the whole case, or to settle the details, after the principles of the cause are decided: all these are interlocutory orders or decrees. But when a decree makes an end of a case, and decides the whole matter in contest, costs and all, leaving nothing further for the court to do, it is certainly a final decree. Let us try the case before us by this test.
*119Branson filed his bill to recover 1000…
2Cited by30 opinions
- Williamson v. JonesWest Virginia Supreme Court · 1894
- Rawlings' Ex'or v. RawlingsSupreme Court of Virginia · 1880
- Core v. StricklerWest Virginia Supreme Court · 1884
- Ryan's adm'r v. McLeodSupreme Court of Virginia · 1879
- Barbour v. TompkinsWest Virginia Supreme Court · 1906
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