Legal Opinion

Taliaferro v. Pryor

Supreme Court of Virginia

Decided April 15, 1855Published

This was an action of ejectment in the Circuit court of Gloucester county, brought by Skaife W. Pryor against Philip Taliaferro, and upon his death, revived against his heirs. The plaintiff claimed as only child and heir of John C. Pryor, who was the son of Christopher Pryor. The land which was the subject of the action is a tract of three hundred acres, called “The Ware-house.”

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This was an action of ejectment in the Circuit court of Gloucester county, brought by Skaife W. Pryor against Philip Taliaferro, and upon his death, revived against his heirs. The plaintiff claimed as only child and heir of John C. Pryor, who was the son of Christopher Pryor. The land which was the subject of the action is a tract of three hundred acres, called “The Ware-house.” On the trial the plaintiff introduced a witness, James Jones, who stated on his direct examination, that he was well acquainted with the land ; and also that he was well acquainted with Christopher Pryor as early as…

1Opinion of the CourtMoncure, J.

The questions presented by the first and second bills of exception in this case, are as to the admissibility of general reputation, and of the individual opinions of witnesses, to prove the title of Christopher Pryor, under whom the defendant in error claims the land in controversy.

It is a general rule that hearsay evidence is inadmissible. It is also a general rule that the opinions of witnesses are not admissible evidence. There are certain well defined exceptions to each of these general rules ; but it is needless to state them. They may be seen by reference to 1 Stark. Evi. p. 30-35, and…

2Cases cited3 opinions

  1. Carper v. M'DowellSupreme Court of Virginia · 1848
  2. Maxwell v. LightCourt of Appeals of Virginia · 1797
  3. Johnston v. SlaterSupreme Court of Virginia · 1854

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