Johnston v. Hargrove
Supreme Court of Virginia
Error to judgment of circuit court of the city of Richmond, in an action of unlawful detainer, wherein John W. Johnston was plaintiff and N. D. Hargrove was defendant. The defendant was the tenant of the late Judge John A. Meredith, from whom he had-a lease of the premises in controversy (situate in said city) for a term of five years, commencing December 1st, 1880, at a stipulated rent, payable in equal monthly instalments on the first day of each month.
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Error to judgment of circuit court of the city of Richmond, in an action of unlawful detainer, wherein John W. Johnston was plaintiff and N. D. Hargrove was defendant. The defendant was the tenant of the late Judge John A. Meredith, from whom he had-a lease of the premises in controversy (situate in said city) for a term of five years, commencing December 1st, 1880, at a stipulated rent, payable in equal monthly instalments on the first day of each month. In 1882 the premises were sold and conveyed in fee-simple to the plaintiff by the executrix and devisee of Meredith, who in the meantime…
1Opinion of the Court
Lewis, P.,
after stating the case, delivered the opinion of the court.
The questions upon which the decision of the case must turn may be considered in connection with the two instructions which were asked for by the plaintiff and refused. And that involves the inquiry: First, whether the action is maintainable by virtue of the proviso of re-entry contained in the lease, independent of statutes; and if not, then, second, whether it can be maintained under the statute relating to the action of unlawful detainer.
A stipulation in a deed of lease of re-entry for default in the payment of rent for a…
2Cases cited4 opinions
- Connor v. BradleySupreme Court of the United States · 1843
- Gage v. BatesCalifornia Supreme Court · 1870
- Van Rensselaer v. . JewettNew York Court of Appeals · 1849
- Smith v. WhitbeckOhio Supreme Court · 1862
3Cited by10 opinions
- Johannes Tenbraak v. Waffle Shops, Inc.Court of Appeals for the Fourth Circuit · 1976
- Pence v. Tidewater Townsite Corp.Supreme Court of Virginia · 1920
- Galvin v. Southern Hotel Corp.Court of Appeals for the Fourth Circuit · 1946
- Hawaiian Homes Commission v. BushHawaii Supreme Court · 1959
- Norfolk & Western R. R. Co. v. ReadSupreme Court of Virginia · 1890
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