Mitchell v. Carder
West Virginia Supreme Court
Hon. Robert F. Fleming, judge of the sixth judicial circuit, rendered the judgment complained of. G-reeN, Judse, furnishes the following statement of the case: At the September term, 1864, of the circuit court of Jackson county, one James M. Reynolds obtained a judgment against the defendant, Z. P. Carder, for two hundred and twenty-five dollars and interest and cost., which was duly docketed and immediately thereafter a subpoena in chancery was issued in a suit brought in…
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Hon. Robert F. Fleming, judge of the sixth judicial circuit, rendered the judgment complained of. G-reeN, Judse, furnishes the following statement of the case: At the September term, 1864, of the circuit court of Jackson county, one James M. Reynolds obtained a judgment against the defendant, Z. P. Carder, for two hundred and twenty-five dollars and interest and cost., which was duly docketed and immediately thereafter a subpoena in chancery was issued in a suit brought in said circuit court to enforce this judgment out of the defendant’s lands. On October 1, 1865, this subpoena was returned…
1Judgment of the CourtGreen, Judge
The record in this case shows, that the plaintiffs, the Messrs. Mitchell, ought not to have recovered the possession of the land in controversy unless it can be inferred from the evidence, that they were in possession of said land on November 2, 1880, when the defendant below, Carder, entered upon and took possession of the land. If they were then in such possession, they had a right in this proceeding *283to recover the possession of this land, even though they had no valid title to it and the defendant, Carder’s title was perfect. They claimed the land under one Greer, who being in possession…
2Cases cited10 opinions
- Richardson v. McNultyCalifornia Supreme Court · 1864
- Keane v. CannovanCalifornia Supreme Court · 1863
- Moon v. RollinsCalifornia Supreme Court · 1868
- Bell v. Bed Rock Tunnel & Mining Co.California Supreme Court · 1868
- McGoon v. AnkenyIllinois Supreme Court · 1850
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3Cited by12 opinions
- Parkersburg Industrial Co. v. SchultzWest Virginia Supreme Court · 1897
- Saint Peter's Church v. BragawSupreme Court of North Carolina · 1907
- Martin v. Consolidated Coal & Oil Corp.West Virginia Supreme Court · 1926
- Indians of Fort Berthold Indian Reservation in the State of North Dakota v. United StatesUnited States Court of Claims · 1930
- Marshall v. StalnakerWest Virginia Supreme Court · 1912
7 more not listed; retrieve them via the Exa API.