Hawley v. Twyman
Supreme Court of Virginia
In May 1870 T. J. Twyman, trustee of Eliza W. Flint, brought an action of ejectment in the Circuit court of Culpeper against Charles M. Hawley, to recover a tract of land in the county.
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In May 1870 T. J. Twyman, trustee of Eliza W. Flint, brought an action of ejectment in the Circuit court of Culpeper against Charles M. Hawley, to recover a tract of land in the county. The declaration states that the plaintiff was possessed in fee simple, as trustee as aforesaid, of a certain tract or parcel of land, &c., and describes it as bounded by certain roads, describing them, and by the lands of certain named persons, and as containing nineteen acres and eight poles. And the said plaintiff being so possessed thereof, the said defendant afterwards, to-wit, &c., entered upon the…
1Opinion of the Court
Staples J.
It is objected that the verdict in this case does not specify the estate found in the plaintiff, whether it be in fee, or for life, or for a term of years. The declaration claims an estate in fee, and the plea is not guilty, as in the declaration alleged. The verdict responds to the issue as follows: “We, the jury, upon the issue joined, find that the defendant is guilty in manner and form as the plaintiff in his declaration has complained.” It will be perceived that the verdict does not expressly find an estate in fee in the plaintiff; but it is very clear that the jury intended so…
2Cited by10 opinions
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Low v. SettleWest Virginia Supreme Court · 1883
- Oney v. ClendeninWest Virginia Supreme Court · 1886
- Moore v. DouglassWest Virginia Supreme Court · 1879
- Williams v. EwartWest Virginia Supreme Court · 1887
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