Fisher's Heirs v. Camp's Heirs
West Virginia Supreme Court
. Geeen, Judge, furnishes the following saatement of the case: On May 18,1847, George Fisher, jr., instituted his writ of right in the superior court of law and chancery for Lewis county, then in Virginia, against James M. Camp, to recover a tract of 200 acres of land in said county. The demandant filed Ms account October 4, 1847, and the tenant then filed his pica, and the demandant filed his replication thereto, and thereupon the mise was joined between the parties.
Read the full summary
. Geeen, Judge, furnishes the following saatement of the case: On May 18,1847, George Fisher, jr., instituted his writ of right in the superior court of law and chancery for Lewis county, then in Virginia, against James M. Camp, to recover a tract of 200 acres of land in said county. The demandant filed Ms account October 4, 1847, and the tenant then filed his pica, and the demandant filed his replication thereto, and thereupon the mise was joined between the parties. The tenant, James M. Camp, having died, the action was on September 29, 1849, revived against his heirs. And the de-mandant…
1Opinion of the Court
Green, Judge:
This will probably be the last, as it is the only, ease of a writ of right, which has ever come before this Court. The writ of right has been abolished as a remedy in Virginia since July 1, 1850. (Code of Virginia of 1849, ch. 136, sec. 38; Code of Virginia, of 1860, p. 613.) And as a remedy the writ of right never has existed in West Virginia. (Code of West Va., ch. 91, sec. 38.) So that no writ of right can come before our Court, unless the action was brought prior to July 1, 1850, that is, unless the action has been pending more than thirty-five years. And despite the great…
2Cases cited3 opinions
- Johnston v. GriswoldWest Virginia Supreme Court · 1875
- Johnston v. JarretWest Virginia Supreme Court · 1878
- Bryan v. HyreSupreme Court of Virginia · 1842
3Cited by5 opinions
- Toppins v. OshelWest Virginia Supreme Court · 1955
- Wilson v. McCoyWest Virginia Supreme Court · 1923
- Payne v. RiggsWest Virginia Supreme Court · 1917
- Burdette v. CampbellWest Virginia Supreme Court · 1944
- Brodhag v. United StatesDistrict Court, S.D. West Virginia · 1970