Legal Opinion

Wise v. Postlewait

West Virginia Supreme Court

Decided January 15, 1869PublishedCited by 14 opinions

Jarvis Postlewait and Albert Postlewait brought an action of ejectment in the circuit court of Monongalia county, in June, 1865, against John Wise, to recover a certain tract of land in that county. A trial was had in February, 1868, and a verdict and judgment was rendered for the plaintiff's.

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Jarvis Postlewait and Albert Postlewait brought an action of ejectment in the circuit court of Monongalia county, in June, 1865, against John Wise, to recover a certain tract of land in that county. A trial was had in February, 1868, and a verdict and judgment was rendered for the plaintiff's. The plaintiffs claimed title by patents to Denune Howard, dated October 12th, 1789, and Davis Shockley, dated March 13th, 1805., and by deeds from them to William Postlewait, the grand-father of the plaintiffs, whose immediate heirs conveyed to the plaintiffs. The defendant claimed title through a…

1Opinion of the CourtMaxwell, J.

The first ground of error assigned is, that the court erred in giving each of the instructions asked for by the plaintiffs below. The facts of the case are not stated and I cannot undertake to decide .whether the court did right or wrong, but the presumption is, as-the contrary does not appear, that the court decided correctly. Shepherd vs. McQuilken, 2 W. Va. Rep., 90; Fitzhugh vs. Fitzhugh, 11 Grat., 300.

The second and third causes of error are that the five several copies of deeds mentioned in the defendant’s second and third bills of exceptions were.improperly admitted in evidence. . They…

2Cited by14 opinions

  1. Webb v. RitterWest Virginia Supreme Court · 1906
  2. Shrewsbury v. MillerWest Virginia Supreme Court · 1877
  3. Tapscott v. CobbsSupreme Court of Virginia · 1854
  4. Wayne Building & Loan Co. v. HooverOhio Supreme Court · 1967
  5. Campbell v. HughesWest Virginia Supreme Court · 1877

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