Shaw v. Clements
Court of Appeals of Virginia
In a writ of right brought by Abraham Clements, heir at law of Abraham Clements deceased, who was heir at law of Ezekiel Clements deceased, against Robert Shaio, William Moore and James Parker, the pleadings were had at the Rules, and the jury found a special verdict, stating, that Benjamin Borden being seised of the lands in the count mentioned, by virtue of a patent dated the 24th of March, 1740, sold, but never conveyed it to Ezekiel Clements.
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In a writ of right brought by Abraham Clements, heir at law of Abraham Clements deceased, who was heir at law of Ezekiel Clements deceased, against Robert Shaio, William Moore and James Parker, the pleadings were had at the Rules, and the jury found a special verdict, stating, that Benjamin Borden being seised of the lands in the count mentioned, by virtue of a patent dated the 24th of March, 1740, sold, but never conveyed it to Ezekiel Clements. That the said Borden by his last will, dated in April, 1742, directed his executors to convey all the lands which he had sold in his life-time: Of…
1Opinion of the Court
ROANE, Judge.
The first question- which occurs in the present case is, whether a special verdict can be found in a writ of right ?
This action is by the English Law committed to a grand assise; which is an extraordinary kind of jury, composed of sixteen, selected with particular care, and established by H.
2, in lieu of the trial by battle. They are sworn to try the mere right upon the mise being joined; which, according to Sir Edward Coke, 1 Inst. 294, (6,) is a term appropriated to a writ of right, and answers to what in other actions is called an issue. But, the mise is not technically…
2Cited by11 opinions
- Pasley v. EnglishSupreme Court of Virginia · 1848
- Peter v. HargraveSupreme Court of Virginia · 1848
- Griffin v. TurnerSupreme Court of North Carolina · 1958
- McClure v. Glady Fork Lumber Co.Court of Appeals for the Fourth Circuit · 1910
- Baker v. SeekrightSupreme Court of Virginia · 1806
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