Overton's heirs v. Davisson
Supreme Court of Virginia
This was a writ of right brought in 1831, in the circuit superior court of law and chancery for the county of Harrison, by the heirs of John Overton, deceased, against William Davisson. The demandants claimed title under a patent from the commonwealth, issued to their ancestor John Overton, and dated on the 23d of May 1786, for three thousand acres of land.
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This was a writ of right brought in 1831, in the circuit superior court of law and chancery for the county of Harrison, by the heirs of John Overton, deceased, against William Davisson. The demandants claimed title under a patent from the commonwealth, issued to their ancestor John Overton, and dated on the 23d of May 1786, for three thousand acres of land. The tenant claimed under two patents issued to Josiah Davis-son, one for four hundred acres founded on a settlement right, and dated the 3d day of January 1787; and the other for eight hundred acres adjoining the former, and dated on the…
1Opinion of the CourtBaldwin, J.
The court is of opinion, that in a controversy concerning the boundary or locality of a tract of land granted by the commonwealth, pursuant to a survey, the calls and description of a survey made by the same surveyor, about the same time, or recently thereafter, of a coterminous or neighbouring tract, upon which last mentioned survey, a grant has also issued from the commonwealth, whether to a party to the controversy, or a stranger, is proper evidence upon such question of boun*223dary or locality, unless plainly irrelevant; to have such weight with the jury as under all the circumstances, they…
2Cited by37 opinions
- Reusens v. LawsonSupreme Court of Virginia · 1895
- Rich v. BraxtonSupreme Court of the United States · 1895
- Philbin v. CarrIndiana Court of Appeals · 1920
- Adams v. AlkireWest Virginia Supreme Court · 1882
- Garrett v. RamseyWest Virginia Supreme Court · 1885
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