Bryan v. Hyre
Supreme Court of Virginia
Ejectment in the circuit court of Hardy county, by John Doe lessee of Elijah Hyre, Elilm Vandeventer, Solomon Bean, Benjamin H. Bean, Peter J. S. Hyre, and Cornelius Vandeventer and Susanna his wife, heirs at law of Peter Hyre deceased, against William Bryan.
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Ejectment in the circuit court of Hardy county, by John Doe lessee of Elijah Hyre, Elilm Vandeventer, Solomon Bean, Benjamin H. Bean, Peter J. S. Hyre, and Cornelius Vandeventer and Susanna his wife, heirs at law of Peter Hyre deceased, against William Bryan. At the trial, the plaintiff introduced as evidence the will of Valentine Power, which had been duly admitted to record, and contained the following clause : “ Providing Peter Hyre pays two hundred pounds unto the fatherless and motherless children of Henry and Magdaline Fink deceased, and likewise maintain his father in law Valentine…
1Opinion of the CourtAllen, J.
The point arising upon the first bill of exceptions has not been pressed in the argument here, and as there does not appear to be any thing in it, I shall pass it over, with the remark, that I think the opinion thereby excepted to was strictly correct.
*102It is not very clearly perceived how the question propounded by the second bill of exceptions could arise under the will of Valentine Power. He devises his land upon a condition precedent. The estate could vest only by shewing a performance. To make out their case, it was incumbent on the lessors of the plaintiff to prove a performance by their…
2Cited by3 opinions
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Fisher's Heirs v. Camp's HeirsWest Virginia Supreme Court · 1885
- Kearley v. CrawfordSupreme Court of Florida · 1933