Legal Opinion

Camp v. Cleary

Supreme Court of Virginia

Decided January 19, 1882PublishedCited by 14 opinions

Writ of error to judgment of corporation court of Norfolk city, in action of ejectment wherein Rebecca A. Camp, in her own right and as committee of John J. Camp, was defendant, and N. F. Cleary, R. St. J. Cleary and Margaret Cleary were plaintiffs.

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Writ of error to judgment of corporation court of Norfolk city, in action of ejectment wherein Rebecca A. Camp, in her own right and as committee of John J. Camp, was defendant, and N. F. Cleary, R. St. J. Cleary and Margaret Cleary were plaintiffs. This is a sequel to the case of Taylor v. Cleary and als., 29 Gratt. 448. By deed dated 28 th July, 1821, John Donaghee conveyed three several lots of land in Norfolk city to his grandson, Thomas J. D. Reilly, the first two lots in fee simple, the last for life, and after his death to such person or persons as shall answer the description of his…

1Opinion of the CourtBurks, J.

In Taylor v. Cleary and others, 29 Gratt. 448, while it was decided that Thomas J. D. Reilley took, under the Dona-ghee deed, a life estate only in the mausoleum lot, and not an estate in fee simple under the rule in Shelly’s case, sought to be applied, the court expressed no opinion “ in regard to the condition in restraint of alienation mentioned in said deed, and the effect of the supposed breach thereof, it being unnecessary, in the opinion of the court, to decide in that case any question concerning the same ” (p. 454).

The present case makes it necessary to decide now what it was…

2Cases cited1 opinion

  1. Mandlebaum v. McDonellMichigan Supreme Court · 1874

3Cited by14 opinions

  1. Hutchinson v. MaxwellSupreme Court of Virginia · 1902
  2. McClure v. CookWest Virginia Supreme Court · 1894
  3. Guernsey v. LazearWest Virginia Supreme Court · 1902
  4. Cotney v. EasonSupreme Court of Alabama · 1959
  5. Peters v. Northwestern Mutual Life InsuranceNebraska Supreme Court · 1929

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