Bowyer v. Martin & Carraway
Supreme Court of Virginia
John Bowyer sued out from the Justices of Greenbrier County, a Writ of Unlawful Detainer against Joseph Martin and Charles Carraway, for the purpose of being restored,-to the possession of a certain tenement in the said County, containing, by estimation, twenty-four acres of land, including the' Muddy Creek Sulphur Springs, commonly called Patterson’s Sulphur Spring Tract.
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John Bowyer sued out from the Justices of Greenbrier County, a Writ of Unlawful Detainer against Joseph Martin and Charles Carraway, for the purpose of being restored,-to the possession of a certain tenement in the said County, containing, by estimation, twenty-four acres of land, including the' Muddy Creek Sulphur Springs, commonly called Patterson’s Sulphur Spring Tract. The proceedings were carried on l’egularly, in conformity with the directions of the Act concerning Forcible Entries and Detainers. 1 Rev. Code, ch. 115. At the trial, the following articles of agreement appear to have been…
1Opinion of the Court
The Court delivered its opinion.*
Judge Cabell.
It was not competent to the Superior Court, to give any Judgment on the merits of the case depending on the title of the parties, since the proceedings presented no such question to the Court. The verdict was a general one, and the only question, presented by the Record for the consideration of the Superior Court, was, whether the Court of the Justices improperly refused to give the instruction that was asked for, or gave an improper instruction.
Where there is a latent ambiguity in a written instrument, it may be explained by parol testimony: or,…
2Cited by11 opinions
- Hall v. Philadelphia Co.West Virginia Supreme Court · 1913
- McGuire v. WrightWest Virginia Supreme Court · 1881
- Findley's ex'ors v. FindleySupreme Court of Virginia · 1854
- Wynn, Shannon & Co. v. CoxSupreme Court of Georgia · 1848
- Findley's ex'ors v. FindleySupreme Court of Virginia · 1854
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