Elliott v. Horton
Supreme Court of Virginia
This was an action of ejectment in the circuit court of Lee county, brought, in February 1874, by William Elliott against William P. Horton, to recover a small strip of land lying between what were the recognized lands of the plaintiff and the defendant. Both parties claimed under the title of Jacob Fisher, who had owned a large tract of land which included the lands now held by both plaintiff and defendant.
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This was an action of ejectment in the circuit court of Lee county, brought, in February 1874, by William Elliott against William P. Horton, to recover a small strip of land lying between what were the recognized lands of the plaintiff and the defendant. Both parties claimed under the title of Jacob Fisher, who had owned a large tract of land which included the lands now held by both plaintiff and defendant. The deeds to both parties, on the dividing line between them, called for the same corners, courses and distances. By starting at an agreed corner and running according to the course in…
1Opinion of the CourtBurks, J.
This was an action of ejectment in the circuit court ■of Lee county, with verdict and judgment for the defendant on issue joined on the plea of “not guilty.” 'A supersedeas to the judgment, awarded the plaintiff by one of the judges of this court, brings the case here for review.
At the trial both parties asked for instructions to the jury, some of which were given, and others refused, and the plaintiff excepted.
After verdict rendered, he then moved the court to set it aside and grant him a new trial, on the ground, 1st, that the verdict was contrary to the evidence; 2d, because of alleged…
2Cited by3 opinions
- Norfolk Trust Co. v. FosterSupreme Court of Virginia · 1884
- Hunter v. HumeSupreme Court of Virginia · 1891
- West Virginia Pulp & Paper Co. v. J. Natwick & Co.West Virginia Supreme Court · 1941