Legal Opinion

Elliott v. Sutor

West Virginia Supreme Court

Decided July 15, 1868PublishedCited by 6 opinions

William A. Elliot, and others, heirs at law of Andrew-Young, deceased, brought an action of ejectment in Hancock county, in June,‘1860, against Robert Sutor, to recover five acres of land owned by them in fee simple.

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William A. Elliot, and others, heirs at law of Andrew-Young, deceased, brought an action of ejectment in Hancock county, in June,‘1860, against Robert Sutor, to recover five acres of land owned by them in fee simple. The declaration averred that they claimed the land by patent from the commonwealth, and that it adjoined certain parties named, and also that it “adjoined with Mathew Ritchie’s survey by a line beginning at a white oak and running S. 65° W., 308 poles, and with the same course, continued further, 68 poles to "William Ledley’s line,” which was the line in dispute. The defendant…

1Opinion of the Court

Brown, President.

Two questions arise in this cause.

1st. "Was the verdict of November 6th, 1863, sufficient to authorize the court to render a judgment on ?

The declaration is very loosely and informally drawn, but was not demurred to. In it the plaintiffs substantially complain of the defendant, for that they were possessed of five acres of land in fee simple, in Yohogania county, viz — in' Hancock — by virtue of a patent from the commonwealth. *39of Virginia, bounded by lands of William Ledley, Campbell Gibbs aud Ritchie, and being so possessed thereof in fee simple, the defendant entered on…

2Cases cited1 opinion

  1. M'Murray v. OnealCourt of Appeals of Virginia · 1798

3Cited by6 opinions

  1. Tapscott v. CobbsSupreme Court of Virginia · 1854
  2. Russell v. WebbSupreme Court of Arkansas · 1910
  3. Low v. SettleWest Virginia Supreme Court · 1883
  4. Oney v. ClendeninWest Virginia Supreme Court · 1886
  5. Yonker v. GrimmWest Virginia Supreme Court · 1926

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