Stockton v. Copeland
West Virginia Supreme Court
Statement of the case by Woods, Judse: This was an action of ejectment brought by Charles Stockton and others, as the heirs of Aaron Stockton, deceased, against Evermont W. Copeland, Malloy M. Copeland, and Octavia Copeland, as the heirs of Hezekiah B. Copeland, deceased, for the recovery of a tract of 2,300 acres of land which the plaintiff claimed in fee.
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Statement of the case by Woods, Judse: This was an action of ejectment brought by Charles Stockton and others, as the heirs of Aaron Stockton, deceased, against Evermont W. Copeland, Malloy M. Copeland, and Octavia Copeland, as the heirs of Hezekiah B. Copeland, deceased, for the recovery of a tract of 2,300 acres of land which the plaintiff claimed in fee. The declaration and notice, having been duly served upon the defendants, were filed in the Circuit Court of Fayette county, wherein the land lay, on the 1st day of September, 1879, and the usual rule to plead entered. On the 3d of…
1Opinion of the Court
Woods, Judge :
Four grounds of error are alleged by the plaintiffs in error, all of which are included in the general proposition that the court erred in giving said instruction to the jury ; and the only question for our consideration is whether this instruction correctly propounded the law arising upon the order of dismissal entered in said first action of ejectment on the 19th of November, 1872. The contention of the plaintiffs in error is that said order of dismissal “agreed” amounted to nothing more than a nonsuit suffered, or a simple order of dismissal made by them upon their own…
2Cases cited8 opinions
- Simpson v. PearsonIndiana Supreme Court · 1869
- Puckett v. PopeSupreme Court of Alabama · 1842
- Wright v. HazenSupreme Court of Vermont · 1852
- Bradford v. BradfordSupreme Court of Connecticut · 1823
- Griswold v. JacksonNew York Court of Chancery · 1835
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3Cited by8 opinions
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Gentry v. FarruggiaWest Virginia Supreme Court · 1949
- Simmons v. YohoWest Virginia Supreme Court · 1923
- Frye v. MileyWest Virginia Supreme Court · 1903
- Pethtel v. McCulloughWest Virginia Supreme Court · 1901
3 more not listed; retrieve them via the Exa API.