Whealton & Wisherd v. Doughty
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Northampton county in an action of ejectment. Judgment for the plaintiff. Defendant assigns error. The opinion states the case.
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Error to a judgment of the Circuit Court of Northampton county in an action of ejectment. Judgment for the plaintiff. Defendant assigns error. The opinion states the case. Instructions C and D, given for the plaintiff, and 7, 8 and 10 asked by defendant and refused, (and referred to in the opinion of the court) are as follows: Instruction C: “The court instructs the jury that if they believe from the evidence that Mrs. Willietta Doughty, by virtue of partition deed with James P. Fitchett, entered upon the land in controversy, improving and cultivating a part and claimed title to the whole,…
1Opinion of the CourtCardwell, J.
Mrs. Willietta Doughty instituted this action of ejectment against J. H. Whealton and D. N. Wisherd, partners trading as Whealton & Wisherd, and lessees of Marion Scott, to recover the possession of certain marsh land described in the declaration. Upon the trial of the cause-there was a verdict and judgment in favor of the plaintiff for the ■187% acres of land sued for and $125.00 damages on account of its detention. To that judgment this writ of error was awarded.
It appears that Marion Scott and defendant in error are the owners of adjoining farms in Northampton county, facing to the east on…
2Cases cited10 opinions
- Groner v. FosterSupreme Court of Virginia · 1897
- Roe v. . StrongNew York Court of Appeals · 1887
- Waverly Water-Front & Improvement Co. v. WhiteSupreme Court of Virginia · 1899
- Turpin v. SaundersSupreme Court of Virginia · 1879
- Harman v. RatliffSupreme Court of Virginia · 1896
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3Cited by12 opinions
- Craig-Giles Iron Co. v. WicklineSupreme Court of Virginia · 1919
- City of Richmond v. County of HenricoSupreme Court of Virginia · 1947
- Virginia & West Virginia Coal, Co. v. CharlesCourt of Appeals for the Fourth Circuit · 1918
- Chesapeake & Ohio Canal Co. v. Great Falls Power Co.Supreme Court of Virginia · 1925
- Providence Forge Fishing & Hunting Club v. Miller Manufacturing Co.Supreme Court of Virginia · 1915
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