Wood v. Boughan
Court of Appeals of Virginia
One question in this cause was, whether the District Court erred in directing an issue, on the appeal from the County Court, to try the title of the petitioner to the lands whereon he desired to erect his mill, and reversing the judgment of the County Court in conformity to the finding of the jury?
1Opinion of the Court
PENDLETON, President.
Delivered the resolution of the Court as follows:
The first question that occurs is, whether the act of Assembly authorises this Court, upon this summary proceeding, to enter into a contest about the title of the parties? or, whether the words of the act, owning lands on one or both sides of the run, are not satisfied by the petitioners being in possession as visible owners? leaving any person claiming title to pursue the legal remedy for asserting it, since it could not be prejudiced by the proceeding.
It is probable that the latter was the intention of the Legislature, or…
2Cited by10 opinions
- Russell v. KeeranSupreme Court of Virginia · 1837
- Calhoun v. PalmerSupreme Court of Virginia · 1851
- Calhoun v. PalmerSupreme Court of Virginia · 1851
- Calhoun v. PalmerSupreme Court of Virginia · 1851
- Pendleton's Executors v. StewartCourt of Appeals of Virginia · 1804
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