Eppes's Executors v. Cole & Wife
Supreme Court of Virginia
ASSUMPSIT brought by John Cole and Rebecca his wife (late widow of Hamlin Eppes, deceased) against r- _ " Peter Eppes, in the District Court of Petersburgh. ,,,, . . , m , l he declaration contained three counts ; 1st. r or use and occupation^ for 19 years, of 252 acres of land, which were, at the time of such occupation, the property of the plaintiff’s wife, who was then a feme sole, J 1 1 laving the Promise to the plaintiffs ; 2d. ¡Quantum vale- - ° 1 if c bat, for use and…
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ASSUMPSIT brought by John Cole and Rebecca his wife (late widow of Hamlin Eppes, deceased) against r- _ " Peter Eppes, in the District Court of Petersburgh. ,,,, . . , m , l he declaration contained three counts ; 1st. r or use and occupation^ for 19 years, of 252 acres of land, which were, at the time of such occupation, the property of the plaintiff’s wife, who was then a feme sole, J 1 1 laving the Promise to the plaintiffs ; 2d. ¡Quantum vale- - ° 1 if c bat, for use and Occupation, for 19 years, oi another , ... ie /, plantation, containing the same number oi acres, (being the dower land…
1Opinion of the Court
Judge Tucker.
In considering this case, it will first be necessary to examine whether the evidence stated in the defendant’s demurrer be sufficient for a Jury to have found a verdict for the plaintiffs, upon either of the counts in the declaration.
The demurrer to evidence states, that in "June, 1787, a conversation passed between the plaintiff and the defendant, wherein the former told the latter, 44 that he 44 had greatly deceived the plaintiff, as to the thirds of the 44 land.” The defendant replied, “ that he had., but 44 that he had written to his brother concerning the busi- “ ness, and…
2Cited by6 opinions
- Raven Red Ash Coal Co. v. BallSupreme Court of Virginia · 1946
- PRESTON MINING COMPANY v. MatneySupreme Court of Virginia · 1955
- Kennaird v. JonesSupreme Court of Virginia · 1852
- Mason v. MoyersSupreme Court of Virginia · 1844
- Mason v. MoyersSupreme Court of Virginia · 1844
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