Legal Opinion

Ewart v. Squire

Court of Appeals for the Fourth Circuit

Decided December 2, 1916No. 1381PublishedCited by 4 opinions

In Error to the District Court of the United States for the Southern District of West Virginia, at Charleston; Benjamin P. Keller, Judge. Ejectment by Andrew Squire against Harvey Ewart and C. L. Parker, administrators of the estate of James A. Parker, deceased, and James T. McCreery. Judgment for plaintiff, and defendants bring error.

1Opinion of the Court

WOODS, Circuit Judge.

The only question now made in this action of ejectment is whether the district judge erred in directing a verdict in favor of the plaintiff for the land in dispute.

The declaration covered 31,633 acres, but the defendants disclaimed title to all the land described therein except a tract of 750 acres. They claim this tract under a grant of the state of Virginia to Thomas Rutter and Reuben Etting for 174,673 acres, dated January 9, 1796. The *36plaintiff claims under a junior grant of 90,000 acres to James Welch, dated February 11, 1797. The proof was that both grants covered…

2Cases cited15 opinions

  1. White v. LuningSupreme Court of the United States · 1876
  2. Toothman v. CourtneyWest Virginia Supreme Court · 1907
  3. Mylius v. Raine-Andrew Lumber Co.West Virginia Supreme Court · 1911
  4. Wilson v. BradenWest Virginia Supreme Court · 1904
  5. Lewis v. YatesWest Virginia Supreme Court · 1907

10 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. United States v. State Investment Co.Supreme Court of the United States · 1924
  2. Dicus v. AllenCourt of Appeals of Arkansas · 1981
  3. United States v. State Inv. Co.Court of Appeals for the Eighth Circuit · 1922
  4. Jarrett v. HalseyCourt of Appeals for the Fourth Circuit · 1917

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