Kelly v. Lehigh Mining & Manufacturing Co.
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Wise county, pronounced December 16, 1898, in a suit in chancery, wherein the appellee was the complainant, and the appellant was the defendant.
1Opinion of the CourtBuchanan, J.
A court of equity has jurisdiction to decree- the specific delivery of title papers to heirs -at law, devisees and other persons properly entitled to the custody and possession of the title deeds of their respective estates where they are wrongfully detained or withheld from them. This is an old and well settled head of equity jurisdiction. 1 Story’s Eq. Jur., sec. 703; 1 Pom. Eq. Jur., sec. 185; Snoddy v. Finch, 9 Rich. Eq. 355, (70 Amer. Dec. 216.)
Chapter 138 of the Code, which makes more effective the common-law remedy of detinue, does not affect that jurisdiction, for where courts of…
2Cases cited3 opinions
- Hite v. CommonwealthSupreme Court of Virginia · 1898
- Filler v. TylerSupreme Court of Virginia · 1895
- White v. HutchingsSupreme Court of Alabama · 1866
3Cited by18 opinions
- Humble Oil & Refining Co. v. Sun Oil Co.Court of Appeals for the Fifth Circuit · 1951
- Johnson v. BlackSupreme Court of Virginia · 1905
- Levy v. DavisSupreme Court of Virginia · 1914
- Steinman v. VicarsSupreme Court of Virginia · 1901
- Herring v. WiltonSupreme Court of Virginia · 1906
13 more not listed; retrieve them via the Exa API.