Legal Opinion

Benn v. Hatcher

Supreme Court of Virginia

Decided April 30, 1885PublishedCited by 25 opinions

Error to judgment of circuit court of Goochland county, rendered April 7th, 1883, in an action of ejectment, wherein Mary E. Hatcher and others were plaintiffs, and Benjamin T. Benn was defendant. The plaintiffs owned a tract of 413f acres of land on Beaver Dam in said county, and in 1851 granted it to John T. Sublett, “reserving to the parties of the first part three-fourths of an acre as a burying-ground for the family and their descendants.”

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Error to judgment of circuit court of Goochland county, rendered April 7th, 1883, in an action of ejectment, wherein Mary E. Hatcher and others were plaintiffs, and Benjamin T. Benn was defendant. The plaintiffs owned a tract of 413f acres of land on Beaver Dam in said county, and in 1851 granted it to John T. Sublett, “reserving to the parties of the first part three-fourths of an acre as a burying-ground for the family and their descendants.” The land reserved had been dedicated for that purpose many years. After several intermediate conveyances the part of the said tract on which the…

1Opinion of the Court

Lewis, P.

delivered the opinion of the court.

This was an action of ejectment in the circuit court of Goochland county. The case is as follows: By deed bearing date August 19, 1851, the widow and the children and devisees of Josiah Hatcher, deceased, conveyed to John T. Sublett a certain tract of land, situate in the said county, “reserving to the parties of the first part three-fourths of an acre as a burying-ground for the family and their descendants.” The lot of ground thus excepted is the subject of this controversy. In the following year Sublett and wife conveyed the land to David A. and…

2Cases cited8 opinions

  1. Lewis v. United StatesSupreme Court of the United States · 1876
  2. Beatty and Ritchie v. Kurtz and OthersSupreme Court of the United States · 1829
  3. Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808
  4. Koiner v. Rankin's heirsSupreme Court of Virginia · 1854
  5. Claflin v. SteenbockSupreme Court of Virginia · 1868

3 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Richmond Railway & Electric Co. v. GarthrightSupreme Court of Virginia · 1896
  2. Seaboard & Roanoke Railroad v. Joyner's Adm'rSupreme Court of Virginia · 1895
  3. Tapscott v. CobbsSupreme Court of Virginia · 1854
  4. Va. Mid. R. R. Co. v. WhiteSupreme Court of Virginia · 1888
  5. Bourne v. RichardsonSupreme Court of Virginia · 1922

20 more not listed; retrieve them via the Exa API.

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