Callis v. Kemp
Supreme Court of Virginia
This was an action of ejectment in the Circuit court of Gloucester county, by the lessee of Kemp and others against James Callis and others. The declaration claimed four several tracts of land, one of which is described as containing five hundred acres, more or less, known as Summers’ or Seymour’s, formerly Damold’s, and it also claimed a water grist mill known by the name of Burton’s mill, and land attached thereto, containing twenty-four acres.
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This was an action of ejectment in the Circuit court of Gloucester county, by the lessee of Kemp and others against James Callis and others. The declaration claimed four several tracts of land, one of which is described as containing five hundred acres, more or less, known as Summers’ or Seymour’s, formerly Damold’s, and it also claimed a water grist mill known by the name of Burton’s mill, and land attached thereto, containing twenty-four acres. On the trial the jury found generally for the plaintiffs twelve undivided thirteenths of three of the tracts described in the declaration; and they…
1Opinion of the Court
Allen, P.
In the errors assigned in the petition and the argument of counsel, an objection was taken to the verdict as being too uncertain and defective. The finding is a general one for the plaintiff, unless upon a single point of law reserved, the court should be of opinion that the law is for the defendants in respect to á portion of the land claimed in the declaration and described in the verdict. Such a verdict was held to be regular and proper in the case of McMichen v. Amos, 4 Rand. 134. The question was directly presented in that case, and decided; and the character of the suit, a…
2Cases cited3 opinions
- Jiggetts v. DavisSupreme Court of Virginia · 1829
- M'Michen v. AmosCourt of Appeals of Virginia · 1826
- Ball v. PayneSupreme Court of Virginia · 1827