Hepburn v. Dundas
Supreme Court of Virginia
This was an action of ejectment in the Circuit court of “Alexandria county, instituted in April 1848, by the lessee of Moses Hepburn and Arthur Waring and Ju-' lianna his wife, persons of color, against James H. Dundas and others claiming as heirs at law of William Hepburn deceased, to recover a tenement in the city of Alexandria.
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This was an action of ejectment in the Circuit court of “Alexandria county, instituted in April 1848, by the lessee of Moses Hepburn and Arthur Waring and Ju-' lianna his wife, persons of color, against James H. Dundas and others claiming as heirs at law of William Hepburn deceased, to recover a tenement in the city of Alexandria. The plaintiffs Moses and Julianna claimed as the brother and sister of Letty, a woman of color, and as such her heirs at law, to whom the property was devised by William Hepburn. The facts are stated by Judge Samuels in his opinion. The defendants demurred to the…
1Opinion of the CourtSamuels, J.
This is an action of ejectment, brought before the Code of 1849 was enacted. It is therefore incumbent on the plaintiff to sustain his action by proving a right of entry in his lessors at the time the action was brought. The only evidence offered on the trial was that of the plaintiff; and to this the defendant demurred. We must, therefore, regard as fact every thing which was directly proved by the testimony, or which the jury might have fairly inferred from it.
It must, therefore, be taken as true, that the property sued for by the plaintiff and that held by the defendants is the same…
2Cited by19 opinions
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Cooper v. HepburnSupreme Court of Virginia · 1860
- Armstrong v. StoneSupreme Court of Virginia · 1852
- Hardesty v. MitchellIllinois Supreme Court · 1922
- Moore v. MooreSupreme Court of Missouri · 1902
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