Sutherland v. Gent
Court of Appeals of Virginia
Error to a judgment of the Circuit Court of Russell county in an action of ejectment. Judgment for plaintiff. Defendants assign error. Plaintiff's Instructions. No. 1. The court instructs the jury that if they believe from a preponderance of the evidence in the case that the plaintiff has shown legal title in himself to the land in controversy and the present right of possession at the time of the institution of this suit, then they must find for the plaintiff.
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Error to a judgment of the Circuit Court of Russell county in an action of ejectment. Judgment for plaintiff. Defendants assign error. Plaintiff's Instructions. No. 1. The court instructs the jury that if they believe from a preponderance of the evidence in the case that the plaintiff has shown legal title in himself to the land in controversy and the present right of possession at the time of the institution of this suit, then they must find for the plaintiff. No. 2. The court instructs the jury that if they believe from a preponderance of the evidence in this case, that the land in…
1Opinion of the Court
Whittle, P.,
delivered the opinion of the court.
This is the third appearance of this controversy in this court. The first appeal was from a decree enjoining appellants, at the suit of appellee, from cutting and removing timber from the land in controversy until the further order *662of the court. That decree was affirmed. Sutherland v. Gent, 111 Va. 511, 69 S. E. 340. At that time defendant in error had brought ejectment against plaintiffs in error to recover 2678/4 acres of land situated in Russell county. And the trial of the action of ejectment resulted in a verdict and judgment for defendant…
2Cases cited3 opinions
- Sutherland v. GentSupreme Court of Virginia · 1914
- Green v. PenningtonSupreme Court of Virginia · 1906
- Sutherland v. GentSupreme Court of Virginia · 1910
3Cited by2 opinions
- Hominy Creek Land Co. v. Gauley Coal Land Co.West Virginia Supreme Court · 1927
- David Willems v. James BatchellerCourt of Appeals of Virginia · 2023