Kincheloe v. Tracewells
Supreme Court of Virginia
On the 26th of May 1849 Nestor Kincheloe made complaint, that Mary, Moses, Aaron and Wesley Tracewell had unlawfully turned him out of, and against his consent withheld from him, the possession of a certain tenement containing by estimation twenty-five acres of land lying in the county of Wood, whereof he prayed restitution. This complaint was accompanied by his affidavit to the truth of the facts stated in his complaint.
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On the 26th of May 1849 Nestor Kincheloe made complaint, that Mary, Moses, Aaron and Wesley Tracewell had unlawfully turned him out of, and against his consent withheld from him, the possession of a certain tenement containing by estimation twenty-five acres of land lying in the county of Wood, whereof he prayed restitution. This complaint was accompanied by his affidavit to the truth of the facts stated in his complaint. On the same day a warrant was issued by a justice of the peace for the county of Wood, which recited that Kincheloe had made complaint that the Tracewells unlawfully and…
1Opinion of the CourtLee, J.
That a warrant for a forcible or unlawful entry upon lands and tenements and turning another out of possession, or for unlawfully and against his consent withholding possession from the party entitled, under our statute, is a civil action, which, by virtue of the act of the 28th of March 1843, may be removed to the Circuit court, on motion without notice, after it shall have remained undecided in the County court for the period of one year or upwards, has been decided by this court, after full argument during the present term, in the case of Harrison v. Middleton, supra 527. I refer to the…
2Cases cited1 opinion
- Hylton v. HyltonSupreme Court of Virginia · 1844
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