Marshall v. Palmer
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Northumberland county, rendered March 30, 1889, in an action of ejectment wherein the plaintiff in error was the plaintiff, and the defendant in error was the defendant. The action was brought in the name of “Henry M. Marshall, who sues as well for himself as the other heirs of James Marshall, deceased.” The defendant pleaded “not guilty,” and the act of limitations.
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Error to a judgment of the Circuit Court of Northumberland county, rendered March 30, 1889, in an action of ejectment wherein the plaintiff in error was the plaintiff, and the defendant in error was the defendant. The action was brought in the name of “Henry M. Marshall, who sues as well for himself as the other heirs of James Marshall, deceased.” The defendant pleaded “not guilty,” and the act of limitations. The evidence did not disclose the number of the heirs of James Marshall, their degree of relationship, or the extent of their interests. The record fails to disclose the extent of the…
1Opinion of the CourtRiley, J.
This is an action of ejectment, brought by Renry M. Marshall as one of the heirs of James Marshall, deceased.
At the trial, by agreement of the parties, .a jury was waived, and all matters of law and fact submitted to the court, which rendered judgment for the defendant.
The plaintiff brought suit for the premises in controversy, both for himself and all the other heirs of James Marshall, through whom he claims, and sought to recover the entirety for himself and them.
This, I apprehend, cannot be done. One may sue in ejectment and recovei less than he claims in his declaration, (Clay v. White, 1…
2Cases cited3 opinions
- Gray v. GivensSupreme Court of Missouri · 1858
- Callis v. KempSupreme Court of Virginia · 1854
- Craig v. McBrideCourt of Appeals of Kentucky · 1840
3Cited by9 opinions
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Nye v. LovittSupreme Court of Virginia · 1896
- Redford v. ClarkeSupreme Court of Virginia · 1902
- Logan v. WardWest Virginia Supreme Court · 1905
- Moppin v. NortonSupreme Court of Oklahoma · 1914
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