Harman v. Stearns
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Smyth county rendered December 14, 1894, in an action of ejectment wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant.
1Opinion
Upon a Petition to Rehear.
Keith, P.
This case was disposed of at a former day of this term, and is now before us upon a petition to rehear the judgment then rendered.
A plaintiff in ejectment must recover upon the strength of his own title. He cannot rely upon any infirmity in the title of the defendant.
Plaintiff in the court below accepted a title, the first h'rtlc in the chain of which consisted of a patent granted by the Commonwealth for a tract of land, described by metes and bounds, containing 75,000 acres. In the grant there is the following reservation: “It is always to be understood…
2Cases cited6 opinions
- Maxwell Land Grant Co. v. DawsonSupreme Court of the United States · 1894
- Hawkins v. Barney's LesseeSupreme Court of the United States · 1831
- Reusens v. LawsonSupreme Court of Virginia · 1895
- Carter v. HaganSupreme Court of Virginia · 1881
- Nichols v. CoveyCourt of Appeals of Virginia · 1826
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