Legal Opinion

Hassler's Lessee v. King

Supreme Court of Virginia

Decided August 2, 1852PublishedCited by 13 opinions

This was an action of ejectment in the Circuit court of Jackson county, by Hassler’s lessee against King. On the trial the plaintiff offered in evidence a deed bearing date the 25th day of November 1786, “ between Savary De Valcoulon of Richmond, in the state of Virginia, and Albert Gallatin of Monongalia county, in the said state, of the first part, and Nicholas Dubery of the city of New York, of the second part, purporting to convey the land in controversy in the action;…

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This was an action of ejectment in the Circuit court of Jackson county, by Hassler’s lessee against King. On the trial the plaintiff offered in evidence a deed bearing date the 25th day of November 1786, “ between Savary De Valcoulon of Richmond, in the state of Virginia, and Albert Gallatin of Monongalia county, in the said state, of the first part, and Nicholas Dubery of the city of New York, of the second part, purporting to convey the land in controversy in the action; to which deed was annexed a certificate, bearing the same date with the deed, under the hand and official seal of the…

1Opinion of the Court

Moncure, J.,

after stating the case, proceeded :

First — Did the court err in excluding the deed from the jury ?

By an act which passed in October 1785, and took effect on the first day of January 1787, entitled “ an act for regulating conveyances,” it was, among other things, provided, that “ if the party who shall sign and seal any such writing,” (meaning a conveyance of real estate,) “ reside not in Virginia, the acknowledgment by such party, or the proof by the number of witnesses requisite, of the sealing and delivering of the writing before any court of law, or the mayor, or other chief…

2Cases cited1 opinion

  1. Whitman v. HapgoodMassachusetts Supreme Judicial Court · 1813

3Cited by13 opinions

  1. Forqueran v. DonnallyWest Virginia Supreme Court · 1874
  2. Tapscott v. CobbsSupreme Court of Virginia · 1854
  3. Campbell v. HughesWest Virginia Supreme Court · 1877
  4. Clinch River Veneer Co. v. KurthSupreme Court of Virginia · 1894
  5. Lohrs v. Millers' lesseeSupreme Court of Virginia · 1855

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