Koiner v. Rankin's heirs
Supreme Court of Virginia
This was a writ of right brought in July 1829 in the County court of Augusta, by Joseph Rankin against Robert Koiner, which upon the death of Rankin was revived in the name of his heirs; The count claimed twenty acres of land adjoining the lands of Joseph Rankin and Robert Koiner, beginning at two white oaks corner to James Rankin’s land on the wetstone line, and then describing eight lines by course and distance, which upon being laid down on a plat did not close.
Read the full summary
This was a writ of right brought in July 1829 in the County court of Augusta, by Joseph Rankin against Robert Koiner, which upon the death of Rankin was revived in the name of his heirs; The count claimed twenty acres of land adjoining the lands of Joseph Rankin and Robert Koiner, beginning at two white oaks corner to James Rankin’s land on the wetstone line, and then describing eight lines by course and distance, which upon being laid down on a plat did not close. The' cause was removed to the Circuit court of Augusta, and came on for trial in November 1849. The tenant claimed under a patent…
1Opinion of the CourtLee, J.
I think the first instruction given to the jury on the motion of the demandants’ counsel, will not bear the construction placed upon it by the counsel for the plaintiff in error in this court. He supposes that it confined the tenant to proof of adversary possession under the grant obtained upon his inclusive survey, and deprived him of the right of going behind that patent, and for the purpose of making out his defence under the statute of limitations, of showing possession under -color of title anterior to its emanation. That he had the right to do so will not be denied. For this purpose he…
2Cases cited4 opinions
- Shanks v. LancasterSupreme Court of Virginia · 1848
- Hylton v. HyltonSupreme Court of Virginia · 1844
- Langdon v. PotterMassachusetts Supreme Judicial Court · 1807
- Burns v. SwiftSupreme Court of Pennsylvania · 1816
3Cited by30 opinions
- Reusens v. LawsonSupreme Court of Virginia · 1895
- Creekmur v. CreekmurSupreme Court of Virginia · 1881
- Garrett v. RamseyWest Virginia Supreme Court · 1885
- State v. LongWest Virginia Supreme Court · 1921
- Benn v. HatcherSupreme Court of Virginia · 1885
25 more not listed; retrieve them via the Exa API.