Early v. Garland's lessee
Supreme Court of Virginia
■ In the year 1809, Charles Terrill, assuming to act as the agent and by the authority of Micajah Terrill, sold to Robert Morris a lot in the corporation of Lynchburg, known as No. 79, and procured from John Lynch, who had sold the said lot to Micajah Terrill, but still held the legal title thereto, a deed for the same to said Morris.
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■ In the year 1809, Charles Terrill, assuming to act as the agent and by the authority of Micajah Terrill, sold to Robert Morris a lot in the corporation of Lynchburg, known as No. 79, and procured from John Lynch, who had sold the said lot to Micajah Terrill, but still held the legal title thereto, a deed for the same to said Morris. Soon afterwards, Micajah Terrill, who was then in the western country, filed his bill in the County court of Campbell county, on the chancery side thereof, repudiating said sale, and seeking to set the same aside, and obtain a reconveyance of the property to…
1Opinion of the CourtLee, J.
The only questions material to be considered in this case are those on the first second and third instructions asked for by the defendant. Eor if at the time of the execution of the deed from Terrill to Lynch or that from the latter to M. H. Garland the premises in controversy were in the actual adversary possession of those under whom the defendant claims such deed could not operate as a transfer of the legal title and as the plaintiff claims no otherwise than through these deeds, he must fail in this action. On the other hand, if at the time of these deeds or either of them, there was no…
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