McDonald v. Rothgeb
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Page county-in an action of ejectment. Judgment against the defendant for only a part of the premises claimed. Plaintiffs assign error. The lot in controversy was conveyed to Jennie Powell for her life with remainder in fee to her children by her then husband. Subsequently she and her husband conveyed the land, with general warranty as to both of them, to Jane C. Frittz.
1Opinion of the CourtWhittle, J.
The defendants in error acquired title, by remote purchase, to the life estate of Jennie Powell in certain lots located in the town of Shenandoah, in Page county, Virginia, and after her death the plaintiffs in error, holders of the fee simple title to the lots in remainder, instituted an action of ejectment for their recovery.
A jury having been waived and all matters of law and fact submitted to the court, j udgment was rendered in favor of the plaintiffs, other than Robert Powell, for an undivided two-thirds interest in the lots. But the court found for the defendants as to the one-third…
2Cases cited4 opinions
- Bodkin v. ArnoldWest Virginia Supreme Court · 1900
- Mygatt v. . CoeNew York Court of Appeals · 1897
- Nixdorf v. BlountSupreme Court of Virginia · 1910
- Bull v. BeisekerNorth Dakota Supreme Court · 1907
3Cited by7 opinions
- Smith v. WoodwardSupreme Court of Virginia · 1918
- Kian v. KefalogiannisSupreme Court of Virginia · 1932
- Truslow v. BallSupreme Court of Virginia · 1936
- McEwing v. McCullochSupreme Court of Florida · 1940
- Kian v. KefalogiannisSupreme Court of Virginia · 1932
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