Twyman v. Hawley
Supreme Court of Virginia
This was an action of ejectment in the Circuit court of Culpeper county, brought in October 1867 by T. J. Twyman, trustee of Eliza W. Elint, against Charles M. Hawley, to recover a tract of nineteen acres of land. The cause came on to be tried in December 1869, when the defendant demurred to the evidence, and the court sustained the demurrer, and rendered a judgment in his-favor.
Read the full summary
This was an action of ejectment in the Circuit court of Culpeper county, brought in October 1867 by T. J. Twyman, trustee of Eliza W. Elint, against Charles M. Hawley, to recover a tract of nineteen acres of land. The cause came on to be tried in December 1869, when the defendant demurred to the evidence, and the court sustained the demurrer, and rendered a judgment in his-favor. And Twyman thereupon applied to this court for a writ of error and supersedeas, which was awarded. It appears that Twyman, as trustee of Eliza W. Elint, being owner of the land in controversy, on the 9th of February…
1Opinion of the CourtStaples, J.
This record presents but a single question for adjudication; and that is, whether a person placed in possession of land under an agreement for a purchase, but who is in default in the payment of the purchase money, is liable to be turned out of possession by ejectment, without previous demand or notice by the vendor.
This question has been very recently considered and-decided by the Supreme court of the United States in Burnett v. Caldwell, 9 Wall. U. S. R., 290. It was held in that case, that where the purchaser fails to comply with the terms of the contract under which he obtained possession…
2Cases cited1 opinion
- Williamson v. PaxtonSupreme Court of Virginia · 1868
3Cited by3 opinions
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Jones v. TempleSupreme Court of Virginia · 1890
- Pettit v. CowherdSupreme Court of Virginia · 1887