Chamberlaine v. Marsh's Administrator
Supreme Court of Virginia
Curtis Kendall, being entitled to 4666 2-3-acres of military land, as an officer in the late Virginia line, executed a conveyance to Samuel Marsh, dated on the 18th of March, 1797, conveying to him all his right, title and interest in 4666 2-3 acres, located and surveyed to him the said Kendall, under his military land warrant, No. 2926, and situated over the River Ohio, on Paint Creek, in five different entries; four for 1000 acres each, and one for 666 2-3 acres;…
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Curtis Kendall, being entitled to 4666 2-3-acres of military land, as an officer in the late Virginia line, executed a conveyance to Samuel Marsh, dated on the 18th of March, 1797, conveying to him all his right, title and interest in 4666 2-3 acres, located and surveyed to him the said Kendall, under his military land warrant, No. 2926, and situated over the River Ohio, on Paint Creek, in five different entries; four for 1000 acres each, and one for 666 2-3 acres; covenanting that he had not sold or conveyed to any other person, and author-ising him to demand all plats and certificates of…
1Opinion of the Court
JUDGE BROOKE
pronounced the Court’s opinion, as follows: — ■
The Court is of opinion that the articles of agreement between Shackelford and Marsh, by referring to the Deed from Kendall to Marsh, made the description of the lands in that deed a part of the said agreement: that, '^considering that description as if it were inserted in the said articles, the Court is of opinion that Marsh intended to convey, and Shack-elford to purchase, 4666 acres and 2-3ds of an acre of military land, located and surveyed to the said Kendall under his military land warrant, No. 2926, and situated over the Ohio…
2Cases cited126 opinions
- Crislip v. CainWest Virginia Supreme Court · 1882
- Lowther Oil Co. v. Miller-Sibley Oil Co.West Virginia Supreme Court · 1903
- Wilson v. Carpenter's Adm'rSupreme Court of Virginia · 1895
- Simpson v. EdmistonWest Virginia Supreme Court · 1884
- Martin v. South Salem Land Co.Supreme Court of Virginia · 1896
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