Darnall's Lessee v. Goodwin
General Court of Virginia
Ejectment for a tract of land called The Land‘of 'Promise, lying in Baltimore county. Defence on warrant, and plots returned.
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Ejectment for a tract of land called The Land‘of 'Promise, lying in Baltimore county. Defence on warrant, and plots returned. The defendant, to prove the issue on his part, and to establish his location of a tract of land called Affinity, for which he took defeuce, and to disprove the location of the same tract as made by the plaintiff, offered to read in evidence the depositions of Thomas Nicholls, senior, duly taken on a survey made, under the authority of this court in a suit then depending in it between Henry Bennett DarnaWs lessee, plaintiff, (under whom the present plaintiff claims,)…
1Opinion of the Court
The Court or Appears, at November term, 1804, affirmed the judgment of the General Court. Upon the question stated in the bill of exceptions that due diligence had not been used to procure the testimony upon the second trial, one of the judges, f Dennis, J had great doubts whether, as the defendant in the court below had obtained the testimony in the first action, he was not excused from endeavouring to procure it at the trial had in this suit, when he considered himself as possessing it. under the survey in the former suit.
2Cited by1 opinion
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