Legal Opinion

Taylor's devisees v. Burnsides

Supreme Court of Virginia

Decided September 15, 1844PublishedCited by 12 opinions

Iu the year 1833, Thomas O. Taylor brought a writ of right against John Burnsides, in the circuit superior court of law and chancery for the county of Lewis. The count demanded two tenements, one containing 2560, and the other, 1280 acres of land. The plea of the tenant defended the title of only four hundred acres of the land claimed by the demandant, and disclaimed title to the residue. This four hundred acres was the subject of controversy in this suit.

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Iu the year 1833, Thomas O. Taylor brought a writ of right against John Burnsides, in the circuit superior court of law and chancery for the county of Lewis. The count demanded two tenements, one containing 2560, and the other, 1280 acres of land. The plea of the tenant defended the title of only four hundred acres of the land claimed by the demandant, and disclaimed title to the residue. This four hundred acres was the subject of controversy in this suit. The demandant claimed title under two patents issued by the commonwealth of Virginia to his father Thomas A. Taylor, the one for 2560…

1Opinion of the CourtBaldwin, J.

The terms seisin and disseisin have their origin in the feudal law, and their precise technical signification is now obscured by the progress of society, and the mists of time. It is sufficient, in the administration of justice, to ascertain their practical application at the present day; and this is to be found chiefly in reference to the validity of conveyances, the acquisition of titles by marriage, and the operation of the statutes of limitation. In reference to these subjects, seisin may be considered as importing the possession of him who has an estate of freehold; and disseisin, as the…

2Cases cited3 opinions

  1. Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
  2. Barr v. Gratz's HeirsSupreme Court of the United States · 1819
  3. Lessee of Clarke v. CourtneySupreme Court of the United States · 1831

3Cited by12 opinions

  1. Garrett v. RamseyWest Virginia Supreme Court · 1885
  2. Tapscott v. CobbsSupreme Court of Virginia · 1854
  3. Wheeling Bridge Co. v. Wheeling & Belmont Bridge Co.West Virginia Supreme Court · 1890
  4. Va. Mining & I. Co. v. HooverSupreme Court of Virginia · 1886
  5. Hollingsworth v. ShermanSupreme Court of Virginia · 1885

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