Legal Opinion

Croston v. McVicker

West Virginia Supreme Court

Decided June 8, 1915PublishedCited by 6 opinions

Error to Circuit Court, Taylor County. Ejectment by Elsworth Croston against Benjamin Franklin McVieker. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Lynch, Judge:

In ejectment, plaintiff recovered judgment for the possession of 2 1-2 acres of land situate in Taylor county and $450 damages for its detention; and defendant, for reversal, assigns uncertainty in the verdict and excessiveness of the quantum of damages awarded.

The declaration describes the tract as “beginning at a dogwood and running thence S 63 E 32 to a chestnut, thence S 55 W 28 to Pleasant creek, thence N 10 W 31 1-2 to the beginning”. These are the calls in the deed for the same land from Knotts to Bartlett made in 1864. The deeds from Bartlett to Loudin of June 13, 1902,…

2Cases cited11 opinions

  1. McLaughlin v. BarnumCourt of Appeals of Maryland · 1869
  2. Witten v. St. ClairWest Virginia Supreme Court · 1886
  3. Lyons v. Fairmont Real Estate Co.West Virginia Supreme Court · 1912
  4. Miller v. HoltWest Virginia Supreme Court · 1899
  5. Worthington v. HissCourt of Appeals of Maryland · 1889

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

3Cited by6 opinions

  1. Wilson v. McCoyWest Virginia Supreme Court · 1923
  2. Burdette v. CampbellWest Virginia Supreme Court · 1944
  3. Morris v. NelsonWest Virginia Supreme Court · 1951
  4. Wilson v. CaldwellWest Virginia Supreme Court · 1925
  5. Thomas v. CollinsWest Virginia Supreme Court · 1923

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

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