Kendall v. Eyre
Supreme Court of Virginia
This was an action of ejectment brought in the superior court of Northampton, by William Kendall, and Sarah C. B. Rogers, for one messuage, one garden, one orchard, and three hundred acres of wood land. The declaration was served on Oldham and Cobb, tenants in possession ; and, afterwards, William Littleton Eyre, an infant, by John Eyre, (who was appointed his guardian, ad litem,) was admitted defendant to this suit.
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This was an action of ejectment brought in the superior court of Northampton, by William Kendall, and Sarah C. B. Rogers, for one messuage, one garden, one orchard, and three hundred acres of wood land. The declaration was served on Oldham and Cobb, tenants in possession ; and, afterwards, William Littleton Eyre, an infant, by John Eyre, (who was appointed his guardian, ad litem,) was admitted defendant to this suit. At the trial, the jury found a special verdict, setting forth, in substance, the following facts: That William Kendall, the elder, was seised in his lifetime, and at the time of…
1Opinion of the Court
February 6.
Judge Brooke,
delivered the opinion of the court.*
The court is of opinion, that Custis Kendall, under whom the appellee claims, took an estate tail in the land in question, under tlie will of William Kendall the elder, which was converted into a fee by the law, and thei'efore, affirm the judgment.
Judge Green did not sit in this case, the cause having been argued before his appointment.
2Cited by2 opinions
- Carter v. TylerCourt of Appeals of Virginia · 1797
- Bells v. GillespieSupreme Court of Virginia · 1827