Millan v. Kephart
Supreme Court of Virginia
This was a case of unlawful detainer, in the county court of the county of Alexandria, brought in August, 1858, by George Kephart against Walker R. Millan, to recover a house and lot in the said county, rented by Kephart to Millan for four years ending on the 1st of March, 1859. The case came on to be tried in January, 1859, when the defendant asked the court for. several instructions to the jury; which were refused. And he thereupon excepted.
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This was a case of unlawful detainer, in the county court of the county of Alexandria, brought in August, 1858, by George Kephart against Walker R. Millan, to recover a house and lot in the said county, rented by Kephart to Millan for four years ending on the 1st of March, 1859. The case came on to be tried in January, 1859, when the defendant asked the court for. several instructions to the jury; which were refused. And he thereupon excepted. The facts, as they appear from the bill of exceptions, so far as they are necessary to understand the questions involved in the decision of this court,…
1Opinion of the CourtJoynhs, J.
To entitle the plaintiff in the court below to recover in this case, it was incumbent on him to establish that, at the commencement of the suit, the right of the defendant, who had entered into possession as his tenant, had expired, and that he still detained the possession, without the consent of the plaintiff. Code,-ch. 134, $ 1. The lease was for a term of four years, which had not jret elapsed. But it appears from the evidence, that the written lease, which had been destroyed, contained a stipulation that upon a sale of the premises and proper notice of such sale, the defendant was to…
2Cited by8 opinions
- White v. SayersSupreme Court of Virginia · 1903
- Tyler v. Chesapeake & Ohio R. R.Supreme Court of Virginia · 1891
- Balt. & Ohio R. R. v. Whittington's adm'rSupreme Court of Virginia · 1878
- Mason v. MoyersSupreme Court of Virginia · 1844
- Mason v. MoyersSupreme Court of Virginia · 1844
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