Harper & Weston v. Baugh & Seguine
Supreme Court of Virginia
*These were cross caveats in the Circuit court of Norfolk county. The first was filed by Baugh and Seguine to the issue of a patent to Harper and Weston for a tract of 7429 acres, 2 roods and 12 perches of land lying in the Dismal Swamp in the county of Norfolk. The second was filed by Harper and Weston to the issue of a patent to Baugh and Seguine forc>6455 acres, 2 roods and 12 perches, part of the same land.
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*These were cross caveats in the Circuit court of Norfolk county. The first was filed by Baugh and Seguine to the issue of a patent to Harper and Weston for a tract of 7429 acres, 2 roods and 12 perches of land lying in the Dismal Swamp in the county of Norfolk. The second was filed by Harper and Weston to the issue of a patent to Baugh and Seguine forc>6455 acres, 2 roods and 12 perches, part of the same land. The cases were tried together before the same jury, and the same facts are found in both cases. Baugh and Seguine in their caveat, rest their claim upon two entries made by them with…
1Opinion of the CourtMoncure, J.
I am of opinion that Harper and Weston are entitled to a grant for the 7429 acres, 2 roods and 12 perches of land claimed by them, and am therefore compelled to dissent from the opinion of the court in these cases.
A caveat is substantially and emphatically an equitable proceeding; and these being cross caveats, in which the caveators claim on the ground of “a better right,” the decision of their conflicting claims must depend on the result of a comparison of their respective *equities; unless, indeed, it shall appear that there is no equity on either side; in which case it would be. proper to…
2Cases cited1 opinion
- Hunter v. HallCourt of Appeals of Virginia · 1798
3Cited by7 opinions
- Beckwith v. ThompsonWest Virginia Supreme Court · 1881
- Clements v. KylesSupreme Court of Virginia · 1856
- Patrick v. DrydenWest Virginia Supreme Court · 1877
- Trotter v. NewtonSupreme Court of Virginia · 1877
- William James' Sons Co. v. CrouchWest Virginia Supreme Court · 1913
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