Hurst v. Hurst
West Virginia Supreme Court
This was an appeal by Martin Van Burén Hurst, from a judgment on the verdict of the circuit court of Harrison county, rendered on the 30th day of May, 1870, in an action of ejectment then pending in said court, between Shadrach Hurst, plaintiff, and said Martin Van Burén Hurst, defendant. The case was brought here for the construction, by this Court, of two clauses in the deed from the appellee to the appellant.
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This was an appeal by Martin Van Burén Hurst, from a judgment on the verdict of the circuit court of Harrison county, rendered on the 30th day of May, 1870, in an action of ejectment then pending in said court, between Shadrach Hurst, plaintiff, and said Martin Van Burén Hurst, defendant. The case was brought here for the construction, by this Court, of two clauses in the deed from the appellee to the appellant. The questions were raised in the court below by several instructions, asked for by the plaintiff and defendant, respectively. So much of the deed and instructions aforesaid, as is…
1Opinion of the Court
Haymond, President:
This was an action in ejectment, brought in the county of Harrison. There was an office judgment had .against-the defendant at rules on the first Monday in May, 1869. Afterwards, at a circuit court held for said county, on the 27th day of May, 1869, the cause came regularly on the docket, and the plaintiff and defendant appeared in *291court, by their attorneys, and on motion of the defendant the office judgment, had in the cause, at rules, was set aside, and the defendant, for plea, pleaded that he was not guilty in manner and form as the plaintiff in his declaration has…
2Cases cited2 opinions
- Pasley v. EnglishSupreme Court of Virginia · 1848
- Richardson v. YorkSupreme Judicial Court of Maine · 1837
3Cited by31 opinions
- Crislip v. CainWest Virginia Supreme Court · 1882
- Uhl v. Ohio River RailroadWest Virginia Supreme Court · 1902
- Kanawha Banking & Trust Co. v. GilbertWest Virginia Supreme Court · 1947
- Troll v. CarterWest Virginia Supreme Court · 1879
- Koen v. BartlettWest Virginia Supreme Court · 1895
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