Vaughan v. Doe on demise of Green
Supreme Court of Virginia
Ejectment for a small parcel of land, brought by Green against Vaughan, in the circuit court of Halifax. Vaughan filed two bills of exceptions to opinions of the court given at the trial. There was a verdict for Green. Vaughan moved for a new trial: the court overruled the motion, and he excepted to this opinion also.
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Ejectment for a small parcel of land, brought by Green against Vaughan, in the circuit court of Halifax. Vaughan filed two bills of exceptions to opinions of the court given at the trial. There was a verdict for Green. Vaughan moved for a new trial: the court overruled the motion, and he excepted to this opinion also. Judgment was then given upon the verdict; and Vaughan appealed to this court. 1. The first bill of exceptions stated, that Green, who claimed title under William Boyd, in order to shew that he (Green) and those he claimed under, had been in possession of the land in controversy,…
1Opinion of the CourtCarr, J.
The proper court of probat, in 1785, admitted the paper purporting to be the will of William, Boyd, to full probat, had it recorded, and granted administration under it. There has never been any bill filed, or attempt made in any other form, to impeach it. And, in 1823, thirty-eight years after the prohat, it is objected, that this will shall not he introduced in evidence, in a contest about the lands held under it. I do not think this objection can be sustained on any ground. In Bagwell v. Elliott, 2 Rand. 198. West v. West, 3 Rand. 373. and Nalle v. Fenwick, 4 Rand. 585. this court decided,…
2Cases cited3 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1810
- Henderson v. MooreSupreme Court of the United States · 1809
- Nalle's Representatives v. FenwickCourt of Appeals of Virginia · 1826
3Cited by11 opinions
- Page v. CloptonSupreme Court of Virginia · 1878
- Ballow v. HudsonSupreme Court of Virginia · 1857
- Cowan v. CowanWest Virginia Supreme Court · 1949
- Robinsons v. AllenSupreme Court of Virginia · 1854
- William James' Sons Co. v. CrouchWest Virginia Supreme Court · 1913
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