Noland v. Cromwell
Supreme Court of Virginia
This was a bill of injunction, exhibited by Thomas No-land against Margaret Cromwell, to stay proceedings on a judgment in ejectment obtained by her against him in the District Court of Winchester.
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This was a bill of injunction, exhibited by Thomas No-land against Margaret Cromwell, to stay proceedings on a judgment in ejectment obtained by her against him in the District Court of Winchester. The grounds of equity . . stated were that, by a fraudulent combination between the said Margaret Cromwell, and a certain Bichard Bigg, (one of the surveyors employed by Lord Fairfax,) she had obiained from the office of the lord proprietor of the Northern Neck, a prior grant for the land in controversy, although . her entry was subsequent to that under which the complainant claimed, and (as he…
1Opinion of the Court
the Judges pronounced their opinions.
Judge Coai.tkr.
In this case the appellant, who states that he has been about 20 years in possession of a tract of land,and has made valuable improvements thereon, seeks to be relieved from a judgment in ejectment, recovered against him by the appellee, who had obtained a prior patent therefor, and to vacate and annul that patent, as being fraudulently obtained, against his prior and superior equitable right.
The appellant makes three objections to the claim of the appellee ; 1st, that he, the appellant, had purchased a warrant from the office of Lord…
2Cases cited5 opinions
- Sayward v. CarlsonWashington Supreme Court · 1890
- Pierce v. FraceWashington Supreme Court · 1891
- Hunter v. HallCourt of Appeals of Virginia · 1798
- McNair v. OstranderWashington Supreme Court · 1890
- Western Mill & Lumber Co. v. BlanchardWashington Supreme Court · 1890
3Cited by19 opinions
- Duncan v. LyonNew York Court of Chancery · 1818
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- State v. HollowayIndiana Supreme Court · 1846
- Beckwith v. ThompsonWest Virginia Supreme Court · 1881
- Executors of Powers v. Administrator of ButlerNew Jersey Court of Chancery · 1844
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