Legal Opinion

Wade's heirs v. Greenwood

Supreme Court of Virginia

Decided November 15, 1843PublishedCited by 5 opinions

By deed dated the 18th of September 1777, James Dejarnett and wife conveyed to George Mitchell a tract of 400 acres of land in the counties of Halifax and Pittsylvania, being chiefly in the former. Dejarnett acknowledged the deed, and his wife was privily examined, in the court of Halifax county on the day of its dale, and the same was thereupon admitted to record.

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By deed dated the 18th of September 1777, James Dejarnett and wife conveyed to George Mitchell a tract of 400 acres of land in the counties of Halifax and Pittsylvania, being chiefly in the former. Dejarnett acknowledged the deed, and his wife was privily examined, in the court of Halifax county on the day of its dale, and the same was thereupon admitted to record. By a deed of the 19th of December 1786, in the names of Mitchell and his wife, the land was conveyed to John Welch. This deed was proved in the court of Halifax county, on the 21st of June 1787, by two witnesses as to Mitchell; but…

1Opinion of the CourtAllent, J.

delivered the following as the opinion of tbe court:

The court is of opinion, that it appears from the evidence that Daniel Roberts did convey the land in the bill and proceedings mentioned to Redmon Cody, the ancestor of the female appellee: that such conveyance, though never recorded, and afterwards lost or destroyed, was effectual as against the grantor to vest the legal title in said Cody: and that the great lapse of time since said conveyance, in connexion with the continued and uninterrupted possession of the land by Cody and those claiming under him, furnishes a sufficient presumption…

2Cited by5 opinions

  1. Hanna v. WilsonSupreme Court of Virginia · 1846
  2. Cavendish v. Blume Coal & Coke Co.West Virginia Supreme Court · 1913
  3. Glens Falls Ins. v. SherrittCourt of Appeals for the Fourth Circuit · 1938
  4. Hanna v. WilsonSupreme Court of Virginia · 1846
  5. Hanna v. WilsonSupreme Court of Virginia · 1846

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