Clements v. Kyles
Supreme Court of Virginia
In April 1849 William Kyle and others, devisees of James Kyle deceased, filed with the register of the land office a caveat to prevent the issue of a patent to Orville Anderson and Franklin Clements for a tract of land of one thousand acres in the county of Carroll. The only ground stated in the caveat on which they opposed the issue of the patent is that they claimed to hold the land by an older and better title.
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In April 1849 William Kyle and others, devisees of James Kyle deceased, filed with the register of the land office a caveat to prevent the issue of a patent to Orville Anderson and Franklin Clements for a tract of land of one thousand acres in the county of Carroll. The only ground stated in the caveat on which they opposed the issue of the patent is that they claimed to hold the land by an older and better title. The caveatees without making an objection to the manner in which the caveators had set out the grounds of their objection to the issue of the patent, went to trial; and the jury…
1Opinion of the CourtLee, J.
If it could he considered an open question whether a party claiming a perfect legal title under a grant from the commonwealth can maintain a caveat against one seeking to obtain a new grant for the same land, under the provisions of our act of assembly, I should have little difficulty in holding that the remedy is inappropriate to such a case, thinking as I do that the argument to show that it is a proceeding for the discussion of equitable rights merely and not intended to draw an equitable right into comparison with an alleged perfect legal title, has never been answered and is in truth…
2Cases cited3 opinions
- Overton's heirs v. DavissonSupreme Court of Virginia · 1844
- Masters v. Varner's ex'orsSupreme Court of Virginia · 1848
- Harper & Weston v. Baugh & SeguineSupreme Court of Virginia · 1852
3Cited by17 opinions
- Reusens v. LawsonSupreme Court of Virginia · 1895
- Teass v. City of St. AlbansWest Virginia Supreme Court · 1893
- Crothers' Adm'r v. CrothersWest Virginia Supreme Court · 1895
- High's Heirs v. PancakeWest Virginia Supreme Court · 1896
- Beckwith v. ThompsonWest Virginia Supreme Court · 1881
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