Marbach v. Holmes
Supreme Court of Virginia
Error to a judgment of tbe Circuit Court of Elizabeth. City county in an action of ejectment. Judgment for the defendant. Plaintiff assigns error.
1Opinion of the CourtWhittle, J.
In October, 1904, the plaintiff in error brought ejectment against the defendant in error to recover a certain lot situated in the town of Hampton. The defendant relied upon adverse possession under claim of right, to defeat the plaintiff’s recovery; and at the trial, a jury having been waived and all matters of law and fact submitted to the court, the judgment under review was rendered in behalf of the defendant.
Both plaintiff and defendant claim the land in controversy from a common source (Abraham Holmes), beyond which it is, therefore, unnecessary for either to trace title. Bolling v.…
2Cases cited9 opinions
- Creekmur v. CreekmurSupreme Court of Virginia · 1881
- Hulvey v. HulveySupreme Court of Virginia · 1895
- Chapman v. ChapmanSupreme Court of Virginia · 1895
- Bolling v. TeelSupreme Court of Virginia · 1882
- County of Alleghany v. ParrishSupreme Court of Virginia · 1896
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3Cited by5 opinions
- William James Sons Co. v. HutchinsonWest Virginia Supreme Court · 1916
- Thompson v. CamperSupreme Court of Virginia · 1906
- Garden Realty Corp. v. PriceSupreme Court of Virginia · 1936
- Allen v. PowersSupreme Court of Virginia · 1953
- Clinchfield Coal Corp. v. SteinmanCourt of Appeals for the Fourth Circuit · 1915