Depew v. Howard
Supreme Court of Virginia
Jacob Depew brought a suit in Chancery in the County Court of Botetourt, against John Howard, and Mary his wife, George Lemmon and Benjamin Howard, to set aside a patent granted to John Howard for 215 or 250 acres of land on the waters of Glade Creek, in the said County, so far as the same comprehended fifty acres of land, for which the complainant had also obtained a patent subsequent in date to Howard’s patent, but founded upon an entry prior to Howard’s entry.
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Jacob Depew brought a suit in Chancery in the County Court of Botetourt, against John Howard, and Mary his wife, George Lemmon and Benjamin Howard, to set aside a patent granted to John Howard for 215 or 250 acres of land on the waters of Glade Creek, in the said County, so far as the same comprehended fifty acres of land, for which the complainant had also obtained a patent subsequent in date to Howard’s patent, but founded upon an entry prior to Howard’s entry. The grounds of equity stated in the bill are, that the defendants had notice of the plaintiff’s prior entry, and that their…
1Opinion of the Court
The Judges pronounced their opinions.
JUDGE TUCKER,
after stating the case. As there is nothing in any part of the depositions to prove the charge of fraud in returning the survey, without such survey having ever been made, or in any manner to invalidate the matters contained in the several answers of the Howards, I pass them over.
The naked question upon this view of the subject is, whether the complainant has made out such a case as to entitle him to the aid of a Court of Equity. And I conceive he has not. The answers of the Howards state, that Thomas Welch, of whom they purchased in 1778 or…
2Cases cited2 opinions
- Hunter v. HallCourt of Appeals of Virginia · 1798
- Western Mill & Lumber Co. v. BlanchardWashington Supreme Court · 1890