Legal Opinion

Shanks v. Lancaster

Supreme Court of Virginia

Decided July 15, 1848PublishedCited by 37 opinions

This was an action of ejectment in the Circuit Court °f Botetourt, by Thomas C. Lancaster against Thomas Shanlcs and John T. and Francis T. Anderson.

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This was an action of ejectment in the Circuit Court °f Botetourt, by Thomas C. Lancaster against Thomas Shanlcs and John T. and Francis T. Anderson. On the trial, the plaintiff introduced in evidence a patent from the Commonwealth of Virginia to Henry Banks, bearing date the 1st of August 1786, and embracing the land in controversy ; and a deed from Banks to Charles Young, dated 14th of December of the same year; and then offered in evidence a deed from Young to Henry Fisk, dated the 13th of January 1791, which was attested by three subscribing witnesses; and on which was endorsed a…

1Opinion of the CourtBaldwin, J.

The Court is of opinion, that the Circuit Court erred in refusing to permit the appellants to introduce the evidence offered by them to the Court, as stated in their first bill of exceptions, for the purpose of rebutting the evidence which the appellee had introduced, as stated in that bill of exceptions, in order to prove that there had been such possession in conformity with the alleged deed from Charles Young to Henry Fisk, of the 13th of January 1791, as warranted the introduction of that paper as evidence to the jury; and that the Circuit Court moreover erred in permitting that paper to…

2Cited by37 opinions

  1. Reusens v. LawsonSupreme Court of Virginia · 1895
  2. Core v. FaupelWest Virginia Supreme Court · 1884
  3. Adams v. AlkireWest Virginia Supreme Court · 1882
  4. Tapscott v. CobbsSupreme Court of Virginia · 1854
  5. Levasser v. WashburnSupreme Court of Virginia · 1854

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