Alderson v. Miller
Supreme Court of Virginia
This was a proceeding of unlawful detainer in the County court of Greenbrier, by Andrew A. Miller against Asa Alderson. On the trial there was a verdict and judgment for the defendant Alderson; and Miller having taken two bills of exception pending the trial, obtained a supersedeas to the judgment from a judge of the Circuit court.
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This was a proceeding of unlawful detainer in the County court of Greenbrier, by Andrew A. Miller against Asa Alderson. On the trial there was a verdict and judgment for the defendant Alderson; and Miller having taken two bills of exception pending the trial, obtained a supersedeas to the judgment from a judge of the Circuit court. On the trial, the plaintiff introduced in evidence a covenant bearing date the 1st of March 1855, executed by Alderson, whereby he agreed to lease from the plaintiff the land in dispute, described as the land Alderson then lived on, for the term of one year, the…
1Opinion of the Court
Allen, P.
delivered the opinion of the court:
This is a supersedeas to a judgment of the Circuit court reversing a judgment of the County court in favor of the plaintiff in error Alderson, upon a summons for unlawful detainer sued out against him by the defendant in error Miller. Such a proceeding involves no question of title, the question being whether the plaintiff is, as against the defendant, entitled to the possession, although for the purpose of determining who is so entitled to the possession, the title may be given in evidence. In the case under consideration, it does not appear that…
2Cases cited1 opinion
- Miller v. M'BrierSupreme Court of Pennsylvania · 1826
3Cited by13 opinions
- Campbell v. Fetterman's HeirsWest Virginia Supreme Court · 1882
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Voss v. KingWest Virginia Supreme Court · 1889
- Suttle v. R. F. & P. R. R.Supreme Court of Virginia · 1882
- Patton & Shaver v. Elk River Navigation Co.West Virginia Supreme Court · 1878
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