Smith v. Tharp
West Virginia Supreme Court
Writ of error from a judgment of the circuit court of the county of Ritchie, rendered on the 22d day of March, 18ö9, in an action of ejectment in said court then pending, in which George Smith, ti ustee, &c., of John loge, deceased, was plaintiff and Timothy Tharpe and others were defendants, granted upon the petition of said Smith. Hon. M. Edmiston, late Judge of the circuit court of Ritchie county, rendered the judgment complained of.
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Writ of error from a judgment of the circuit court of the county of Ritchie, rendered on the 22d day of March, 18ö9, in an action of ejectment in said court then pending, in which George Smith, ti ustee, &c., of John loge, deceased, was plaintiff and Timothy Tharpe and others were defendants, granted upon the petition of said Smith. Hon. M. Edmiston, late Judge of the circuit court of Ritchie county, rendered the judgment complained of. GreeN, President, furnishes the following statement of the case: John Hayes, lessee, on April 15, 1849, brought in the circuit court of Ritchie county an…
1Opinion of the Court
Green, PRESIDENT,
announced the opinion of the Court:
The only question presented by the record is: Was the instruction given by the court erroneous ; and if so, was this error prejudicial to the plaintiff in error ? The counsel for the defendants in error in his printed brief states, that he will insist also 1st, “ that this tract of land was forfeited for failure' to enter the same upon the books of the commissioner of the revenue of the proper county, and to' have them charged with the proper taxes thereon, for the several years for which the same was shown to have been admitted, and…
2Cases cited1 opinion
- Ushers' heirs v. PrideSupreme Court of Virginia · 1858
3Cited by18 opinions
- King v. MullinsSupreme Court of the United States · 1898
- Toothman v. CourtneyWest Virginia Supreme Court · 1907
- McClure v. MaitlandWest Virginia Supreme Court · 1884
- Eastern Ky. Coal Lands Corp. v. CommonwealthCourt of Appeals of Kentucky · 1907
- State v. SponaugleWest Virginia Supreme Court · 1898
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