Legal Opinion

Smith v. Tinker Creek Corp.

Botetourt County Circuit Court

Decided January 23, 1976No. Case No. 1699Published

1Opinion of the Court

By JUDGE ROSCOE B. STEPHENSON, JR.

Complainants, in a single cause, seek (1) to have the court set aside and declare null and void a certain tax deed purporting to convey the subject property, (2) to quiet title to said land, and (3) to compel partition of said land. John Junior Johnson, one of the defendants, by his demurrer contends that the bill of complaint should be dismissed because (1) it fails to state a cause of action upon which relief can be granted, and (2) it is multifarious.

Under the first ground of his demurrer, Johnson is in effect saying that in a single cause a court of…

2Cases cited7 opinions

  1. Johnson v. BlackSupreme Court of Virginia · 1905
  2. Matney v. YatesCourt of Appeals of Virginia · 1917
  3. Phillips v. WellsCourt of Appeals of Virginia · 1926
  4. Miller v. ArmentroutSupreme Court of Virginia · 1954
  5. Town of Appalachia v. MainousCourt of Appeals of Virginia · 1917

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