King v. Davis
U.S. Circuit Court for the District of Western Virginia
At Law. The questions now to be decided originated in an action of ejectment, brought in this court at Harrisonburg in 3890 by Henry C. King against the following 37 persons: John Allen, Cyrus Blankenship. Reese Davis, Bazil Dotson, David Dotson, John Dotson, Ransom Dotson, Elijah Estep, H. M. Francis, Montreville Hunt. Robert Hurley, Archibald Justus, S. W. Melnturf, Jane Mounts, Levi Woolford, Mary Woolford, and Wm. R. Woolford.
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At Law. The questions now to be decided originated in an action of ejectment, brought in this court at Harrisonburg in 3890 by Henry C. King against the following 37 persons: John Allen, Cyrus Blankenship. Reese Davis, Bazil Dotson, David Dotson, John Dotson, Ransom Dotson, Elijah Estep, H. M. Francis, Montreville Hunt. Robert Hurley, Archibald Justus, S. W. Melnturf, Jane Mounts, Levi Woolford, Mary Woolford, and Wm. R. Woolford. The notice attached to the declaration, required by section 2727 et seq., Code 1887 [Va. Code 1904, p. 1404], was addressed to each of the above-named defendants.…
1Opinion of the CourtMcDOWELE, District Judge
(after stating the facts), 1. The motion of plaintiff that a writ of possession be issued without regard to’ the scire facias should, I think, without considering any other ground, be overruled on the ground that the judgment must be revived before execution can properly be issued. The delay in issuing the writ of possession was not caused by injunction, agreement, or by appellate proceedings. Under these circumstances, at the common law, unless the writ were issued within a year and a day after the judgment, the judgment must be revived. Freeman on Executions, vol. 1, § 27; volume 2, § 470;…
2Cases cited46 opinions
- Ex Parte RoyallSupreme Court of the United States · 1886
- Windsor v. McVeighSupreme Court of the United States · 1876
- Bronson v. SchultenSupreme Court of the United States · 1882
- Marshall v. HolmesSupreme Court of the United States · 1891
- Phillips v. NegleySupreme Court of the United States · 1886
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3Cited by10 opinions
- City of Orangeburg v. Southern Ry. Co.Court of Appeals for the Fourth Circuit · 1943
- Beane v. DaileyWest Virginia Supreme Court · 2010
- United Fuel Gas Co. v. DyerCourt of Appeals for the Fourth Circuit · 1950
- Universal Transp. Co. v. National Surety Co.District Court, S.D. New York · 1918
- State Ex Rel. Adler v. OssingSupreme Court of Missouri · 1935
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