Legal Opinion

Jarrett v. Halsey

Court of Appeals for the Fourth Circuit

Decided July 27, 1917No. 1526PublishedCited by 1 opinion

In Error to the District Court of the United States for the Southern District of West Virginia, at Charleston; Benjamin F. Keller, Judge. Action by R. Ogden Halsey and others against Irvin Jarrett and others. There was a judgment for plaintiffs, and defendants bring error.

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In Error to the District Court of the United States for the Southern District of West Virginia, at Charleston; Benjamin F. Keller, Judge. Action by R. Ogden Halsey and others against Irvin Jarrett and others. There was a judgment for plaintiffs, and defendants bring error. This is an action of ejectment instituted in the District Court of the United States for the Southern District of West Virginia by plaintiffs, R. O. Halsey, and others, against Irvin Jarrett and olhors, defendants, to recover a parcel of land situate in Fayette county, W. Va. The plaintiffs base their title on a survey made…

1Opinion of the CourtPritchard, Circuit Judge

(after stating the facts as above). In this action of ejectment the court below directed a verdict and judgment for plaintiffs, and the defendants have sued out this writ of error. The parties will be designated as they stood below. This controversy involves an overlap of 172 acres of land.

The plaintiffs, Halsey and others, claim under a Virginia grant of 1805 to one Welch of 4,500 acres which became forfeited and was in 1842 divided into lots and sold under the Virginia act of 1837, as amended in 1838. The defendants claim under a grant of the state of Virginia in 1822 to Banks for 600 acres.

2Cases cited9 opinions

  1. Gordon v. GilfoilSupreme Court of the United States · 1879
  2. Toothman v. CourtneyWest Virginia Supreme Court · 1907
  3. Smith v. TharpWest Virginia Supreme Court · 1880
  4. Risher v. Wheeling Roofing & Cornice Co.West Virginia Supreme Court · 1905
  5. Caretta Railway Co. v. FisherWest Virginia Supreme Court · 1914

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3Cited by1 opinion

  1. Simon v. Pyrites Co.Superior Court of Delaware · 1925

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