Cochran v. Hiden
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Culpeper county. Decree for defendants. Complainants appeal. This is a suit in equity instituted by the appellants to set up and establish the equitable ownership in them of a certain tract of fifty acres of land, and an implied or resulting trust in, or an equitable lien upon, another and adjacent tract of 121 acres of land, all located in Culpeper county, Virginia; thie trust or lien asserted being to the extent of about $2,000…
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Appeal from a decree of the Circuit Court of Culpeper county. Decree for defendants. Complainants appeal. This is a suit in equity instituted by the appellants to set up and establish the equitable ownership in them of a certain tract of fifty acres of land, and an implied or resulting trust in, or an equitable lien upon, another and adjacent tract of 121 acres of land, all located in Culpeper county, Virginia; thie trust or lien asserted being to the extent of about $2,000 of a trust fund at one time belonging to appellants in remainder, which sum was many years ago invested in the purchase…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
The questions presented for our consideration by the assignments of error, will, so far as needful for the decision of the cause, be passed upon in their order as stated below.
1. Was the possession of the fifty and 121-acre tracts of land in the bill mentioned by the appellee, J. G. Hiden, and by his predecessors in title, beginning with James F. Robertson on May 28, 1884, originally taken and subsequently held in privity with the title of the mother of appellants or in privity with the title of…
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