Garrett v. Ramsey
West Virginia Supreme Court
GreeN, Judge, furnishes the following statement of the case: At April rules 1874 Hugh Garrett filed his declaration in ejectment in the circuit court of Harrison against John W. Ramsey and George F. Bussell claiming in fee a tract of land set out by metes and bounds lying in said county and containing 140 acres, from which he had been ejected by the defendants, laying his damages at $1,000.00. On May 25,1874, the defendants pleaded not guilty ; and an order of survey was…
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GreeN, Judge, furnishes the following statement of the case: At April rules 1874 Hugh Garrett filed his declaration in ejectment in the circuit court of Harrison against John W. Ramsey and George F. Bussell claiming in fee a tract of land set out by metes and bounds lying in said county and containing 140 acres, from which he had been ejected by the defendants, laying his damages at $1,000.00. On May 25,1874, the defendants pleaded not guilty ; and an order of survey was made and the ease tried by a jury. On June 16, 1875, the jui’y found a verdict for the plaintiff for a part of the land…
1Dissent
Snyder, Judge:
I am compelled to dissent from so much of the preceding opinion as relates to the effect of an actual possession by a junior grantee of a part of an interlock, when the actual possession of the senior grantee is outside of the interlock. But before discussing this matter I will notice a point raised in the oral argument not considered in that opinion.
The deed, dated March 18, 1811, from Alexander Ireland and wife to James "Warren conveyed 140 acres of land by metes and bounds, and the deed, dated November 30, 1836, from said Warren to George A. Sommerville,' after giving the…
2Cases cited8 opinions
- Core v. FaupelWest Virginia Supreme Court · 1884
- McClure v. MaitlandWest Virginia Supreme Court · 1884
- Hylton v. HyltonSupreme Court of Virginia · 1844
- Bush v. BradleySupreme Court of Connecticut · 1810
- Storrs v. FeickWest Virginia Supreme Court · 1884
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