McKee v. Barley
Supreme Court of Virginia
In the year 1836 John T. McKee and his sister, the wife of Andrew Bratton, of Bath county, owned jointly a tract of land in the county of Rockbridge, lying on Kerr’s creek. On this land there was a large spring, -the stream from which entered into Kerr’s creek, making an acute angle with the creek, and. this angle of land belonged to McKee and his sister, and constituted a part of the tract owned jointly by them.
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In the year 1836 John T. McKee and his sister, the wife of Andrew Bratton, of Bath county, owned jointly a tract of land in the county of Rockbridge, lying on Kerr’s creek. On this land there was a large spring, -the stream from which entered into Kerr’s creek, making an acute angle with the creek, and. this angle of land belonged to McKee and his sister, and constituted a part of the tract owned jointly by them. Some years previous to the time stated, Andrew Walkup owned the land on Kerr’s creek immediately below McKee’s spring branch, and extending up to it, on which land he built a…
1Opinion of the Court
Allen, P.
The only question presented for the consideration of the court by this appeal, is, whether the final decree directing the specific execution of the contract therein mentioned, by the appellant Samuel W. McKee, was correct. Other matters were put in issue by the pleadings, involving the construction of the contract and the privileges it was intended to confer; some proceedings were had which looked to a decision of these questions; and nearly all the testimony in the record relates to this branch of the controversy. When the case came on for final hearing, the court properly declined…
2Cited by12 opinions
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- Campau v. GodfreyMichigan Supreme Court · 1869
- Worthington v. StauntonWest Virginia Supreme Court · 1880
- Creigh's v. BoggsWest Virginia Supreme Court · 1881
- Emeric v. AlvaradoCalifornia Supreme Court · 1891
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