Legal Opinion

Bryan v. Willard

West Virginia Supreme Court

Decided December 2, 1882PublishedCited by 10 opinions

"Writ of error to a judgment of the circuit court of the county of Kanawha rendered on tlie 8th day of July, 1881, in an action of ejectment in said court then pending, wherein Joseph Bryan and others were plaintiffs, and John "Willard and others were defendants, allowed upon the petition of said plaintiffs. Hon. F. A. Guthrie, judge of the seventh judicial circuit, rendered the judgment complained of.

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"Writ of error to a judgment of the circuit court of the county of Kanawha rendered on tlie 8th day of July, 1881, in an action of ejectment in said court then pending, wherein Joseph Bryan and others were plaintiffs, and John "Willard and others were defendants, allowed upon the petition of said plaintiffs. Hon. F. A. Guthrie, judge of the seventh judicial circuit, rendered the judgment complained of. The facts of the case are fully stated in the opinion of the Court. 1. A junior inclusive grant confers.no title to the grantee to the land of prior claimants inside the boundaries of the…

1Judgment of the CourtSnyder, Judge

This was an action of ejectment brought in the circuit court of Kanawha county, on November 5, 1877, to recover five thousand acres of land situate in said county. The defendants disclaimed title to all of said land except about one thousand one hundred acres. An issue was joined on the plea of not guilty and tried by a jury which resulted in a verdict for the defendants. The court, on July 2, 1881, gave judgment for defendants on said verdict. On the trial the plaintiffs and defendants each requested an instruction to the jury. The court refused the instruction of the plaintiffs and gave…

2Cases cited4 opinions

  1. Lessee of Scott and Others v. Ratliffe and OthersSupreme Court of the United States · 1831
  2. Patrick v. DrydenWest Virginia Supreme Court · 1877
  3. Nichols v. CoveyCourt of Appeals of Virginia · 1826
  4. Trotter v. NewtonSupreme Court of Virginia · 1877

3Cited by10 opinions

  1. Reusens v. LawsonSupreme Court of Virginia · 1895
  2. Gibbons v. TerritoryCourt of Criminal Appeals of Oklahoma · 1911
  3. Tapscott v. CobbsSupreme Court of Virginia · 1854
  4. Stockton v. MorrisWest Virginia Supreme Court · 1894
  5. Virginia Coal & Iron Co. v. Keystone Coal & Iron Co.Supreme Court of Virginia · 1903

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