Fiott v. Commonwealth
Supreme Court of Virginia
On the 12th of March 1831, an inquisition was taken before the escheater of Cabell county; and the jury having been charged to enquire what lands and tenements John Fiott, late of the city of London and kingdom of Great Britain, merchant, now deceased, died seized of; whether he left any heirs, or made other disposition of said lands in his lifetime; and whether the said John Fiott was an alien at the time of his death; they found that the said John Fiott, late of the city…
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On the 12th of March 1831, an inquisition was taken before the escheater of Cabell county; and the jury having been charged to enquire what lands and tenements John Fiott, late of the city of London and kingdom of Great Britain, merchant, now deceased, died seized of; whether he left any heirs, or made other disposition of said lands in his lifetime; and whether the said John Fiott was an alien at the time of his death; they found that the said John Fiott, late of the city of London, long before his death, was seized of a tract of land lying in the county of Cabell, containing about eight…
1Opinion of the Court
Allen, P.
It seems to me that under the circumstances of this case and the facts certified by the court, as having been proved in support of the motion for a continuance made by the plaintiffs at the May term 1847, that the court erred in overruling the motion and *574forcing them into a trial. The proceeding commenced in April 1833; but the issue on which the .cause was tried was not made up until the October term 1839. For this delay the commonwealth was as much responsible as the plaintiffs. The time from 1840' until the November term 1842 was occupied in efforts to revive in the names of the…
2Cases cited1 opinion
- Hannon v. HannahSupreme Court of Virginia · 1852
3Cited by21 opinions
- State v. HarrisonWest Virginia Supreme Court · 1892
- Marmet Co. v. ArchibaldWest Virginia Supreme Court · 1893
- McNealy v. StateSupreme Court of Florida · 1879
- Davis v. WalkerWest Virginia Supreme Court · 1874
- Ogle v. StateMississippi Supreme Court · 1872
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