Mitchell v. Baratta
Supreme Court of Virginia
These cases were actions of ejectment in the Circuit court of the city of Richmond, brought in 1854, by Richard D. Mitchell and Adolph í>. W’lliams, one against * Angelo Baratta, and the other against Nicholas Riviera, to recover two adjoining lots of ground fronting on the south side of Rranklin street in the city of Richmond. The facts are the same in both cases, and they were tried together in the Circuit court, and heard together in this court.
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These cases were actions of ejectment in the Circuit court of the city of Richmond, brought in 1854, by Richard D. Mitchell and Adolph í>. W’lliams, one against * Angelo Baratta, and the other against Nicholas Riviera, to recover two adjoining lots of ground fronting on the south side of Rranklin street in the city of Richmond. The facts are the same in both cases, and they were tried together in the Circuit court, and heard together in this court. In June, 1855, the heirs of Henry Clarke applied to the court to be admitted as parties defendants in the actions; and in support of their motion…
1Opinion of the Court
MONCURR, P.
I think the Circuit court did not err in permitting the heirs of Henry Clarke to be made co-defendants in these suits, under the provision in the Code, chapter 135, $ 5, which provides that “if a lessee be made a defendant at the suit of a party claiming against the title of his .landlord, such landlord may appear and be made a defendant with or in the place of his lessee.” This privilege is given by law as well for the benefit of the landlord as of the tenant. The tenant has a right to be defended by the landlord, and the landlord has a right to defend his title whenever it is…
2Cases cited2 opinions
- Wickham & Goshorn v. Lewis Martin & Co.Supreme Court of Virginia · 1856
- Pryor v. KuhnSupreme Court of Virginia · 1855
3Cited by17 opinions
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Nutter v. SydenstrickerWest Virginia Supreme Court · 1877
- North Western Bank of Virginia v. HaysWest Virginia Supreme Court · 1892
- Board of Education v. ParsonsWest Virginia Supreme Court · 1884
- O'Bannon v. SaundersSupreme Court of Virginia · 1873
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