Allen v. Gibson
Court of Appeals of Virginia
The case was this. Gibson filed a complaint of unlawful detainer, under the act of Assembly of. February 12, 1814, against Mien, for, that the defendant “unlawfully and against his consent, withholds from him the possession of two lots or parcels of ground lying and being in the city-aforesaid, (the city of Richmond) on E street, commonly eallcd the Brick-row, just below the United States Bank, one of which lots binds upon the said E street, and the other lies in the rear…
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The case was this. Gibson filed a complaint of unlawful detainer, under the act of Assembly of. February 12, 1814, against Mien, for, that the defendant “unlawfully and against his consent, withholds from him the possession of two lots or parcels of ground lying and being in the city-aforesaid, (the city of Richmond) on E street, commonly eallcd the Brick-row, just below the United States Bank, one of which lots binds upon the said E street, and the other lies in the rear thereof, with all the houses thereon, and the appendages and appurtenances thereof, whereof he prays restitution of the…
1Opinion of the Court
Judge Green
delivered his opinion, in which the other Judges concurred.*
Allen mortgaged the premises in dispute to Gibson and Lesslie, by a deed which conveyed a joint estate to the mortgagees. Lesslie died. The deed contained a covenant that the mortgagor should possess and enjoy the mortgaged premises, until default should be made in the payment of the money. Default was made. Gibson, the surviving mortgagee, proceeded, under the act of February 12, 1814, {Rev. Code, 445, ch. 115,) to recover possession of the mortgaged premises. .Judgment was given for the plaintiff, and the case has come…
2Cited by12 opinions
- Voss v. KingWest Virginia Supreme Court · 1889
- Nye v. LovittSupreme Court of Virginia · 1896
- Parrish v. Fed. Nat'l Mortg. Ass'nSupreme Court of Virginia · 2016
- Stanton v. SmallThe Superior Court of New York City · 1849
- Spencer v. PierceSupreme Court of Arkansas · 1926
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