Reynolds v. Cook
Supreme Court of Virginia
Argued at Staunton. Decided at Richmond. Error to judgment of circuit court of Botetourt county, rendered at its May term, 1887, in an action of ejectment wherein Corbin M. Reynolds was plaintiff and D. S. Cook was defendant.
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Argued at Staunton. Decided at Richmond. Error to judgment of circuit court of Botetourt county, rendered at its May term, 1887, in an action of ejectment wherein Corbin M. Reynolds was plaintiff and D. S. Cook was defendant. On the twenty-third of February, 1880, the plaintiff in error, Corbin M. Reynolds, who was the plaintiff in the court below, sold and conveyed, with a covenant of general warranty, to the defendant, Cook, a certain tract of land lying on James river, in the said county, called Mt. Airy. On the same day the parties entered into a supplemental contract under seal, wherein…
1Opinion of the Court
Lewis, P.,
(after stating the case) delivered the opinion of the court.
By the supplemental agreement under seal, of the twenty-third of February, 1880, the right to quarry and remove limestone for certain specific purposes was granted by Reynolds to Cook, which passed to the latter an incorporeal hereditament, provided Reynolds was seised of the land in respect of which the right was granted when the agreement was executed. It was clearly an incorporeal hereditament—first, because it was not a mere license, as was the case in Barksdale v. Hairston, 81 Va. 764, and in other similar cases there…
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