Hamilton v. McNeil
Supreme Court of Virginia
This was a caveat filed by Paul McNeil and Charles C. See to prevent the emanation of a patent for a tract of land to William Hamilton. On the 10th of October 1849 the caveators entered and located with the surveyor of the county of Pendleton, three thousand acres of land as lying in that county. A part of this land had been entered and located by Hamilton with the surveyor of the county of Pocahontas, in the previous September, as lying in the county of Pocahontas.
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This was a caveat filed by Paul McNeil and Charles C. See to prevent the emanation of a patent for a tract of land to William Hamilton. On the 10th of October 1849 the caveators entered and located with the surveyor of the county of Pendleton, three thousand acres of land as lying in that county. A part of this land had been entered and located by Hamilton with the surveyor of the county of Pocahontas, in the previous September, as lying in the county of Pocahontas. The caveators stated several objections to the entry and survey of Hamilton; but the only question considered by the Circuit…
1Opinion of the CourtLee, J.
The court is of opinion that in a proceeding by way of caveat to prevent the emanation of a grant for lands under the provisions of the act of March 1, 1819, or those of the Code of Virginia, all the facts material in the cause and not agreed by the parties should be found by the jury, or if a jury be dispensed with and the whole case submitted to the court upon the law and the facts, should be ascertained by the court; and that the facts so agreed, if any, and those so found by the jury or ascertained by the court necessarily become and should in every case be made a part of the record to…
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- Stoneman v. CommonwealthSupreme Court of Virginia · 1874
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