Legal Opinion

Gardner v. Montague

Supreme Court of Virginia

Decided March 12, 1908PublishedCited by 2 opinions

Error to a judgment of the Circuit Oourt of Middlesex county. Judgment for the plaintiffs. Defendant assigns error. The following instructions were given by the trial court: Mo. 1. “The court instructs the jury, to constitute an adverse possession of land, entry and possession -under claim of right or title is required, and possession for any length of time of the land in the declaration mentioned by the defendant and those under whom he claims constitutes no title to the…

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Error to a judgment of the Circuit Oourt of Middlesex county. Judgment for the plaintiffs. Defendant assigns error. The following instructions were given by the trial court: Mo. 1. “The court instructs the jury, to constitute an adverse possession of land, entry and possession -under claim of right or title is required, and possession for any length of time of the land in the declaration mentioned by the defendant and those under whom he claims constitutes no title to the said land and is no bar to the plaintiffs’ right of entry upon said land where such claim of right or title do not exist.…

1Opinion of the Court

Keith, P.,

delivered the opinion of the court.

This was an action of ejectment, brought in the Circuit Court o£ Middlesex county by Thomas Montague and Lucy Powell (who was Lucy Montague), heirs at law of Thomas H. Montague, deceased, to recover a parcel of land containing 52% acres, situated on the “Island,” known as Montague’s Island. James Gardner was made defendant, and upon his plea of not guilty a jury found for the plaintiffs. Gardner moved the court to set aside the verdict, but the court denied this motion, entered judgment upon the verdict; and a writ of error was awarded to that…

2Cited by2 opinions

  1. Providence Forge Fishing & Hunting Club v. Miller Manufacturing Co.Supreme Court of Virginia · 1915
  2. Cumbee v. RitterSupreme Court of Virginia · 1918

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