Stockton v. Copeland
West Virginia Supreme Court
Ceben, Judge, furnishes the following statement of the case: . ' On September 1, 1879, Charles F. Stockton and others filed in the circuit, court of Fayette county their declaration in ejectment, claiming a tract of land in said county of two thousand three hundred acres unlawfully withheld from them by the defendants, Evermont W. Copeland, Malloy M. Copeland and Octavia Copeland.
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Ceben, Judge, furnishes the following statement of the case: . ' On September 1, 1879, Charles F. Stockton and others filed in the circuit, court of Fayette county their declaration in ejectment, claiming a tract of land in said county of two thousand three hundred acres unlawfully withheld from them by the defendants, Evermont W. Copeland, Malloy M. Copeland and Octavia Copeland. On September 3, 1879, the defendants pleaded “not guilty” and issue was joined, and an order of survey was made. But with a view of avoiding a long and tedious trial it was determined by the parties to make up an…
1Opinion of the Court
GreeN, Judge:
The judgment of the court below to be reviewed by us was rendered on a case agreed. The rules, which govern in such cases, are similar to those, which govern on a special verdict; and if it be too uncertain for the court to determine in whose favor the judgment should be rendered, it should be set aside and further proceedings should be directed. (Brewer et ux. v. Ohio, 1 Call 212). And if in the case agreed an important fact be omitted, it must be set aside and further proceedings directed. (James v. McWilliams et ux., 6 Munf. 301). So in Sawyer v. Corse, 17 Gratt. 248, 249,…
2Cases cited1 opinion
- Brewer et ux. v. OpieCourt of Appeals of Virginia · 1798
3Cited by5 opinions
- State v. Peel Splint Coal Co.West Virginia Supreme Court · 1892
- State ex rel. Leigh v. RippleWest Virginia Supreme Court · 1885
- James v. M'WilliamsSupreme Court of Virginia · 1819
- James v. M'WilliamsSupreme Court of Virginia · 1819
- James v. M'WilliamsSupreme Court of Virginia · 1819