Fay v. Crozer
U.S. Circuit Court for the District of West Virginia
At Law. Action in ejectment. Declaration in ejectment in this action was filed in this court at April rules, 1901, an order of survey subsequently directed and on November 13, 1906. in open court, a stipulation was filed by counsel representing the plaintiff and the trustees of the Crozer Land Association, the Houston Coal & Ooke Company, and the Turkey Gap'Coal & Coke Company, whereby it was agreed that the action should be tried at that term as to said parties and as to…
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At Law. Action in ejectment. Declaration in ejectment in this action was filed in this court at April rules, 1901, an order of survey subsequently directed and on November 13, 1906. in open court, a stipulation was filed by counsel representing the plaintiff and the trustees of the Crozer Land Association, the Houston Coal & Ooke Company, and the Turkey Gap'Coal & Coke Company, whereby it was agreed that the action should be tried at that term as to said parties and as to the undivided half interest claimed by plaintiffs In a certain portion of the land in controversy, fully identified by…
1Opinion of the CourtDayton, District Judge
The clean-cut issue in this case is whether the title of Mrs. Fay to the land in controversy has been forfeited, either by sale to the state or for non-entry for taxation on the land books. This being an action of ejectment, in which the touchstone principle is that the plaintiff can only recover upon the strength of his own title, and not upon the weakness of his adversary’s, if such forfeiture has accrued, it becomes absolutely immaterial as to how the defendants hold.
At the threshold I am compelled to express my admiration for the earnestness, thoroughness, learning, and ability displayed…
2Cases cited26 opinions
- Polk's Lessee v. WendalSupreme Court of the United States · 1815
- Leffingwell v. WarrenSupreme Court of the United States · 1862
- Green v. Lessee of NealSupreme Court of the United States · 1832
- King v. MullinsSupreme Court of the United States · 1898
- Suydam v. WilliamsonSupreme Court of the United States · 1858
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3Cited by4 opinions
- Virginia & West Virginia Coal Co. v. CharlesDistrict Court, W.D. Virginia · 1917
- Snyder v. Upper Elk Coal Co.Court of Appeals for the Fourth Circuit · 1915
- Jarrett v. HalseyCourt of Appeals for the Fourth Circuit · 1917
- Sheffey v. Davis Colliery Co.District Court, N.D. West Virginia · 1913