Barton's Heirs v. Gilchrist
West Virginia Supreme Court
Writ of error to a judgment of the circuit court of the county of Monroe rendered on the 17th day May 1878, in an action in said court then pending, wherein the heirs of Seth Barton, deceased, were plaintiffs, and Thomas Gilchrist was defendant, allowed upon the petition of said Gilchrist. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the judgment complained of.
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Writ of error to a judgment of the circuit court of the county of Monroe rendered on the 17th day May 1878, in an action in said court then pending, wherein the heirs of Seth Barton, deceased, were plaintiffs, and Thomas Gilchrist was defendant, allowed upon the petition of said Gilchrist. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the judgment complained of. GeeeN, Judge, furnishes the following statement of the case: On March 15, 1799, Seth Barton obtained from the commonwealth of Virginia a patent for nine hundred acres of land in what was then Greenbrier county now…
1Judgment of the CourtGreen, Judge
In an action of ejectment the plaintiff must show a right to the possession of the premises at the time of the commencement of the suit. Code of W. Va. ch. 90 § 14 p. 519. The right thus shown must generally be a right to the possession of the premises against all adverse claimants and not against the defendant only. The general rule is, that the plaintiff must establish a legal title to the possession of the premises, as by the strength of his own title and not by the weakness of his adversary he must prevail. There are exceptions to this general rule, as for instance, where a party in…
2Cases cited11 opinions
- Burlew v. QuarrierWest Virginia Supreme Court · 1880
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Jones v. DilsWest Virginia Supreme Court · 1881
- Koon v. SnodgrassWest Virginia Supreme Court · 1881
- Dequasie v. HarrisWest Virginia Supreme Court · 1880
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3Cited by17 opinions
- Simpson v. EdmistonWest Virginia Supreme Court · 1884
- Webb v. RitterWest Virginia Supreme Court · 1906
- State v. SponaugleWest Virginia Supreme Court · 1898
- Hays v. HeatherlyWest Virginia Supreme Court · 1892
- Jackson v. KittleWest Virginia Supreme Court · 1890
12 more not listed; retrieve them via the Exa API.