Carter v. Hagan
Supreme Court of Virginia
This was an action of ejectment brought originally in the -county court of Wise county, in October, 1871, by Patrick Hagan against Henry Frazier, to recover a tract of land, described by metes and bounds, and damages for the detention thereof.
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This was an action of ejectment brought originally in the -county court of Wise county, in October, 1871, by Patrick Hagan against Henry Frazier, to recover a tract of land, described by metes and bounds, and damages for the detention thereof. Frazier having died, his lessor, Dale Carter, was entered as a defendant to the action, and pleaded not guilty; but, before a trial was had, Carter died, and thereupon, by consent, the action was revived against the appellant, Eliza C. Carter. There was a judgment for the plaintiff, and a writ of error and supersedeas thereto was awarded the defendant…
1Opinion of the CourtStaples, J.
The facts agreed show that on the 30th of April, 1796, a, patent for 25,000 acres of land issued to Justin Barnum. Upon the face of this patent is the following reservation:: “But it is always to be underto'od that the survey upon which this grant is founded includes seven hundred and. fifty acres of prior claims, exclusive of the above quantity of 25,000 acres—all of which having a preference by law to-the warrant and right upon which this grant is founded, liberty is reserved that the same shall be firm and valid, and may be carried into grant or grants, and this shall be no bar in law or…
2Cited by7 opinions
- Reusens v. LawsonSupreme Court of Virginia · 1895
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Harman v. StearnsSupreme Court of Virginia · 1897
- United States v. GroggDistrict Court, W.D. Virginia · 1925
- Powell v. FieldSupreme Court of Virginia · 1930
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