Early & Wife v. Friend
Supreme Court of Virginia
This was a bill filed in March, 1848, in the Circuit court of Kanawha county, by Richard K. Cralle against Joseph and Thomas R. Eriend, Samuel H. Early and wife, and others, asking for an account of the rents, issues and profits of a certain salt property and a tract of land in the county of Kanawha, which the Eriends owned as tenants in common with the plaintiff and the other defendants and of which the Eriends had held “exclusive possession.
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This was a bill filed in March, 1848, in the Circuit court of Kanawha county, by Richard K. Cralle against Joseph and Thomas R. Eriend, Samuel H. Early and wife, and others, asking for an account of the rents, issues and profits of a certain salt property and a tract of land in the county of Kanawha, which the Eriends owned as tenants in common with the plaintiff and the other defendants and of which the Eriends had held “exclusive possession. The record is very voluminous, but the facts necessary to show the points decided by the court are as follows : Dr. John J. Cabell died in 1834,…
1Opinion of the Court
MONCURE, J-
The first question to be disposed of in this case is one of jurisdiction, which was raised in the argument before this court. It was not raised by any of the defendants in the court below by plea, answer, or otherwise, so far as the record shows; but On the contrary, the answers of the principal defendants, in effect, admitted the jurisdiction of the court. The only notice which seems to have been taken of the subject in that court is contained in the decree of the 22d day of February, 1853, in which an opinion is expressed by the court that it had jurisdiction of the case, upon…
2Cited by31 opinions
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