Tidball v. Lupton
Supreme Court of Virginia
This was an ejectment, brought in the Superior court of law for the county of Frederick, on the demise of David Lupton, against Joseph Tidbali, for a “certain piece and parcel of land with the appurtenances,” situate in the county of Frederick, and containing 548 acres.
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This was an ejectment, brought in the Superior court of law for the county of Frederick, on the demise of David Lupton, against Joseph Tidbali, for a “certain piece and parcel of land with the appurtenances,” situate in the county of Frederick, and containing 548 acres. The parties agreed upon a statement of facts, to be considered as a special verdict, which is, in substance, as follows: Joseph Lupton being seised in fee of the premises in the declaration mentioned, made his will, dated the 1st day of September, 1791. After devising different parts of his *real estate to- his other children…
1Opinion of the Court
April 17. The judges delivered the following opinions.**
JUDGE COALTER:
I shall first consider what estate Hannah Lupton took under the clause, devising the land “to her and to the heirs of her body, and to • them and their heirs and assigns forever,” independently of the clause, “that if she should decease not having any lawful heirs of her body,” then to David Lupton, and as if this latter clause was not in the will. J shall next consider, what effect that clause will have.
That the word heirs, as well as issue, may be construed a word of purchase, as descriptive of the persons to take, if…
2Cases cited1 opinion
- State ex rel. Nooksack River Boom Co. v. Superior CourtWashington Supreme Court · 1891
3Cited by8 opinions
- Carter v. TylerCourt of Appeals of Virginia · 1797
- Hall's ex'or v. SmithSupreme Court of Virginia · 1874
- Watts v. ClardySupreme Court of Florida · 1848
- Bells v. GillespieSupreme Court of Virginia · 1827
- Goodrich v. HardingSupreme Court of Virginia · 1825
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