Roberson v. Wampler
Supreme Court of Virginia
Appeal from a decree in chancery of the Circuit Court of Wise county in the suit of Wampler, Guardian, v. Smith. The bill was filed to enjoin the defendant from cutting and removing timber from a tract of land in the bill mentioned, which was claimed as the land of complainant’s wai'd. Into this suit came the appellants by petition, and claimed an interest in the said tract of land, and asked to be made parties, and to have their rights protected.
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Appeal from a decree in chancery of the Circuit Court of Wise county in the suit of Wampler, Guardian, v. Smith. The bill was filed to enjoin the defendant from cutting and removing timber from a tract of land in the bill mentioned, which was claimed as the land of complainant’s wai'd. Into this suit came the appellants by petition, and claimed an interest in the said tract of land, and asked to be made parties, and to have their rights protected. The claim asserted by the petitioners rendered it necessary for the court to construe the deed copied in the opinion. At the hearing, the petition…
1Opinion of the CourtBuohaNAN, J.
The principal question involved in this case is whether the word “heirs,” as used in the deed under which the parties to this controversy claim, was employed in its technical sense, or as meaning “children.” The language of the deed, omitting the description of the land conveyed, is as follows:
“This deed made this April 25, 1902, between James Robertson and Nancy, his wife, of the county of Wise and State of Virginia, of the first part, & & John B. F. Robertson heirs, of the county of Letcher and State of Ky., of the second part.
“Witnesseth: That for and in consideration of the natural love…
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- Harris v. BrownSupreme Court of Iowa · 1918
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