Legal Opinion

Pettit v. Cowherd

Supreme Court of Virginia

Decided March 10, 1887PublishedCited by 6 opinions

Error to two judgments of circuit court of Fluvanna county, rendered April 15th, 1884, and April 15th, 1885, in an action of unlawful detainer brought by Samuel S. Pettit, trustee for Lucy A. Pettit, against Eliza Cowherd, upon error to two judgments which had been previously rendered in said action by the county court of said county, and reversing the said last named judgments which, were in favor of the plaintiff therein.

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Error to two judgments of circuit court of Fluvanna county, rendered April 15th, 1884, and April 15th, 1885, in an action of unlawful detainer brought by Samuel S. Pettit, trustee for Lucy A. Pettit, against Eliza Cowherd, upon error to two judgments which had been previously rendered in said action by the county court of said county, and reversing the said last named judgments which, were in favor of the plaintiff therein. From the said judgments of the circuit court, on points contained in the record, Pettit obtained a writ of error and supersedeas. Opinion fully states the case.

1Opinion of the CourtFauntleroy, J.

The two judgments of the circuit court brought under review were rendered, one on the .fifteenth day of April, 1884, and the other on the fifteenth day of April, 1885, both in the same action, and involving but one issue, to-wit: the right of the possession of the lot of land in question. The record of the first trial shows that, when the cause was called for trial in the county court, upon the issue joined" upon the plea of “not guilty,” the whole matter of law and fact was submitted to the court, both parties having waived a jury, when the plaintiff, Samuel S. Pettit, trustee, introduced a…

2Cases cited2 opinions

  1. Williamson v. PaxtonSupreme Court of Virginia · 1868
  2. Twyman v. HawleySupreme Court of Virginia · 1874

3Cited by6 opinions

  1. Tapscott v. CobbsSupreme Court of Virginia · 1854
  2. Daily v. RuckerSupreme Court of Virginia · 1928
  3. Thompson v. CarpenterSupreme Court of Virginia · 1892
  4. Johnson v. GoldbergSupreme Court of Virginia · 1966
  5. Parrish v. Fed. Nat'l Mortg. Ass'nSupreme Court of Virginia · 2016

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