Legal Opinion

Countz v. Geiger

Court of Appeals of Virginia

Decided October 30, 1797PublishedCited by 7 opinions

This was an appeal from a decree of the High Court of Chancery, affirming a decree of the County Court upon the following case. The bill stated, that Geiger, the father of the plaintiff, being possessed of lands, for which he had obtained a warrant from the proprietor’s office in the Northern Neck, and' had improved and cultivated, devised them to his wife, who was the plaintiff’s mother, and to whom the plaintiff was heir at law.

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This was an appeal from a decree of the High Court of Chancery, affirming a decree of the County Court upon the following case. The bill stated, that Geiger, the father of the plaintiff, being possessed of lands, for which he had obtained a warrant from the proprietor’s office in the Northern Neck, and' had improved and cultivated, devised them to his wife, who was the plaintiff’s mother, and to whom the plaintiff was heir at law. That Countz afterwards intermarried with the widow, had the land surveyed in the testator’s name, (who had omitted it during his own life,) and then having forced…

1Opinion of the Court

PENDLETON, President,

after stating the case, delivered the resolution of the Court to the following effect:

The principles, formerly established in Curry v. Burns, are well recollected and approved of by the Court. They were, that the proprietor had a right to establish such rules for granting his lands as he pleased, to which, those applying for grants, were bound to conform. That having published those rules, by sticking them up in his public office, all applicants were bound to take notice of, and comply with them, without particular notice to each individual. So, that if the lands were…

2Cited by7 opinions

  1. Bartlett v. FlemingWest Virginia Supreme Court · 1869
  2. Norman's ex'x v. Cunningham & wifeSupreme Court of Virginia · 1848
  3. In re StangerU.S. Circuit Court for the District of Western Virginia · 1887
  4. County Bd. of Arlington County v. BrownSupreme Court of Virginia · 1985
  5. County Bd. of Arlington County v. BrownSupreme Court of Virginia · 1985

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