Butts v. Blunt
Supreme Court of Virginia
This was an action of ejectment 'brought in the county court of Southampton, by Samuel Blunt and others, trustees of the Nottoway Indians, against Daniel Butts, for a messuage and fifty-nine acres and a half of land. The declaration laid a demise from Aaron Burr to the said trustees. An issue was made up on the plea of not guilty. The jury found a verdict for the plaintiffs, and the court rendered judgment accordingly.
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This was an action of ejectment 'brought in the county court of Southampton, by Samuel Blunt and others, trustees of the Nottoway Indians, against Daniel Butts, for a messuage and fifty-nine acres and a half of land. The declaration laid a demise from Aaron Burr to the said trustees. An issue was made up on the plea of not guilty. The jury found a verdict for the plaintiffs, and the court rendered judgment accordingly. At the trial, the defendant excepted to the opinion of the court admitting certain depositions to be read in evidence. There is no commission contained in the record for taking…
1Opinion of the Court
November £8th.
Judge Brooke,
delivered the opinion of the court.
The declaration in this case, avers the lease to have been made by Aaron Burr, to the appellees, and the plea of not guilty, puts bis title in issue. Although the act of Jeofails, prohibits any exception of form or substance to the declaration in ejectment, after issue joined, yet the court is of opinion, that it does not dispense with the rule, that the evidence must be relevant to the issue. The depositions objected to in the bill of exceptions, prove nothing in relation to the title of Aaron Burr, tbe lessor of the plaintiffs;…
2Cited by6 opinions
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Steptoe v. ReadSupreme Court of Virginia · 1868
- Field v. BrownSupreme Court of Virginia · 1873
- Lynch v. ThomasSupreme Court of Virginia · 1832
- Steptoe v. ReadSupreme Court of Virginia · 1868
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