Davis v. Mayo
Supreme Court of Virginia
Error to judgment of hustings court of city of Richmond, rendered May 5, 1884, in an action of unlawful detainer, wherein T. Wiley Davis and others, as trustees of Springfield Division, No. 167, Sons of Temperance, are plaintiffs, and George W. Mayo and others are defendants. The verdict of the jury was for the defendants, and the trial court entered judgment accordingly.
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Error to judgment of hustings court of city of Richmond, rendered May 5, 1884, in an action of unlawful detainer, wherein T. Wiley Davis and others, as trustees of Springfield Division, No. 167, Sons of Temperance, are plaintiffs, and George W. Mayo and others are defendants. The verdict of the jury was for the defendants, and the trial court entered judgment accordingly. During the trial the plaintiffs excepted to three decisions of the court given against them, and tendered their three bills of exceptions, and obtained a writ of error and supersedeas from one of the judges of this court.
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
This was an action to recover possession of a certain parcel of land situate in the city of Richmond. The action was unlawful detainer, the difference between which and the action of ejectment it may be well to advert to. The law upon the subject has been well summarized as follows:
“In an action of ejectment the title or right of possession is always involved. Where the plaintiff cannot recover without showing that he is entitled to the possession, and the defendant *99without having any right to the possession himself, may generally prevent a…
2Cases cited7 opinions
- Austin v. . SearingNew York Court of Appeals · 1857
- Wade v. Hancock & AgeeSupreme Court of Virginia · 1882
- Brooke v. ShacklettSupreme Court of Virginia · 1856
- Olinger v. ShepherdSupreme Court of Virginia · 1855
- Pannill v. ColesSupreme Court of Virginia · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Mears & Lewis v. DexterSupreme Court of Virginia · 1890
- Shorter v. SheltonSupreme Court of Virginia · 1945
- Town of Grundy v. GoffSupreme Court of Virginia · 1950
- Fisher v. HarmanWest Virginia Supreme Court · 1910
10 more not listed; retrieve them via the Exa API.