Legal Opinion

Elk Garden Co. v. T. W. Thayer Co.

District Court, W.D. Virginia

Decided May 20, 1913PublishedCited by 7 opinions

At Law. Action by the Elk Garden Company against the T. W. Thayer Company. On objections by plaintiff to filing of pleas of res judicata.

1Opinion of the Court

McDOWELL, District Judge.

This is an action of ejectment, instituted in 1910, for a tract of land in this district which is alleged in the declaration to have been conveyed to the plaintiff by the Douglas Land Company on November 29, 1909. The defendant has filed a disclaimer as to all of the land described in the declaration except as to a certain parcel thereof, which it is admitted is the same parcel that was in controversy in the litigation to be hereinafter mentioned. The defendant has also tendered two pleas of res judicata, to the filing of which the plaintiff objects. The first plea is…

2Cases cited20 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1877
  2. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
  3. Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
  4. Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
  5. Chappell v. United StatesSupreme Court of the United States · 1896

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3Cited by7 opinions

  1. Winters v. LavineCourt of Appeals for the Second Circuit · 1978
  2. Winters v. LavineCourt of Appeals for the Second Circuit · 1978
  3. Johnston-Crews Co. v. FolkSupreme Court of South Carolina · 1922
  4. Bolsta v. BremerSupreme Court of Minnesota · 1942
  5. Great Northern Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1916

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