Legal Opinion

Davis v. Seybold

Court of Appeals for the Fourth Circuit

Decided March 4, 1912No. 975PublishedCited by 7 opinions

In Error to the Circuit Court of the United vStates for the Northern District of West Virginia, at Philippi. Ejectment by Christian Seybold against Henry G. Davis and others. Judgment for plaintiff, and defendants bring error. This is an action of ejectment. The plaintiffs in error were the defendants below and will be hereafter referred to as the defendants, and the defendant in error (plaintiff below) will be referred to as the plaintiff.

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In Error to the Circuit Court of the United vStates for the Northern District of West Virginia, at Philippi. Ejectment by Christian Seybold against Henry G. Davis and others. Judgment for plaintiff, and defendants bring error. This is an action of ejectment. The plaintiffs in error were the defendants below and will be hereafter referred to as the defendants, and the defendant in error (plaintiff below) will be referred to as the plaintiff. The plaintiff to show title introduced the following: (1) Patent, dated January 1, 1833, from commonwealth of Virginia to William L. Vanzandt, granting a…

1Opinion of the CourtPritchard, Circuit Judge

(after stating the facts as above). [1] The points involved in this controversy are intricate, involving as *405they do many important questions relating to what may he properly-termed laud law. It is well settled that in suits of this character, where it is sought to recover land, the plaintiff must recover upon the strength of his own title and cannot rely upon the weakness of his adversary’s title. As appears from the statement: of facts, the plaintiff, beginning with a grant from the state (known as the Vanzandt patent), offered a complete chain of title covering the land in controversy and…

2Cases cited15 opinions

  1. Core v. FaupelWest Virginia Supreme Court · 1884
  2. Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808
  3. Moore v. BrownSupreme Court of the United States · 1851
  4. Witt v. HarlanTexas Supreme Court · 1886
  5. State Savings Bank v. StewartSupreme Court of Virginia · 1896

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3Cited by7 opinions

  1. Jasper State Bank v. GoodrichCourt of Appeals of Texas · 1937
  2. Smith v. BrownCourt of Appeals for the Fifth Circuit · 1925
  3. M. H. Hardison v. John J. McCrearyCourt of Appeals for the Fifth Circuit · 1962
  4. In re Universal Storage & Transfer Co.District Court, D. Maryland · 1933
  5. Jarvis v. JohnsonDistrict Court, N.D. West Virginia · 1913

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