Tapscott v. Cobbs
Supreme Court of Virginia
This was an action of ejectment in the Circuit court of Buckingham county, brought in February 1846, by the lessee of Elizabeth A. Cobbs and others against William H. Tapscott. Upon the trial the defendant demurred to the evidence. It appears that Thomas Anderson died in 1800, having made a will, by which he appointed several persons his executor, of whom John Harris, Robert Rives and Nathaniel Anderson qualified as such.
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This was an action of ejectment in the Circuit court of Buckingham county, brought in February 1846, by the lessee of Elizabeth A. Cobbs and others against William H. Tapscott. Upon the trial the defendant demurred to the evidence. It appears that Thomas Anderson died in 1800, having made a will, by which he appointed several persons his executor, of whom John Harris, Robert Rives and Nathaniel Anderson qualified as such. By his will his executors were authorized to sell his real estate. At the time of Thomas Anderson’s death the land in controversy had been surveyed for him, and in 1802 a…
1Opinion of the CourtDaniel, J.
It is no doubt true, as a general rule, that the right of a plaintiff in ejectment to recover, *rests on the strength of his own title, and is not established by the exhibition of defects in the title of the defendant, and that the defendant may maintain his defense by simply showing that the title is not in the plaintiff, but in some one else. And the rule is usually thus broadly stated by the authorities, without qualification. There are, however, exceptions to the rule as thus announced, as well established as the rule itself. As when the defendant has entered under the title of the…
2Cases cited145 opinions
- Yesler v. City of SeattleWashington Supreme Court · 1890
- Eisenbach v. HatfieldWashington Supreme Court · 1891
- Sayward v. CarlsonWashington Supreme Court · 1890
- Reusens v. LawsonSupreme Court of Virginia · 1895
- Linbeck v. StateWashington Supreme Court · 1890
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3Cited by39 opinions
- Low v. SettleWest Virginia Supreme Court · 1883
- Barton's Heirs v. GilchristWest Virginia Supreme Court · 1881
- Olinger v. ShepherdSupreme Court of Virginia · 1855
- L'Engle v. ReedSupreme Court of Florida · 1891
- Bagley v. KennedySupreme Court of Georgia · 1890
34 more not listed; retrieve them via the Exa API.