Carrington v. Goddin
Supreme Court of Virginia
This was an action of ejectment in the Circuit court of the city of Richmond, brought by Isaac A. Goddin against George M. Carrington, to recover possession of a lot in Adams’ Valley, fronting on Fifteenth street. The lot belonged to Richard Adams in his lifetime. He died in 1816, possessed of a very large real estate in the city of Richmond, having first made his will, which was duly admitted to record the Hustings court of the city.
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This was an action of ejectment in the Circuit court of the city of Richmond, brought by Isaac A. Goddin against George M. Carrington, to recover possession of a lot in Adams’ Valley, fronting on Fifteenth street. The lot belonged to Richard Adams in his lifetime. He died in 1816, possessed of a very large real estate in the city of Richmond, having first made his will, which was duly admitted to record the Hustings court of the city. By the first clause 0f his will he says, “ It is my will and desire that my executors herein after to be appointed, will set apart so much of my property, not…
1Opinion of the CourtMoncure, J.
The first question arising in this case is, Did the Circuit court err in instructing the jury that a bargainee, under a deed from a bargainor who was out of possession, and against whom adverse possession was held, may, under the new Code, maintain ejectment in his own name?
It is very clear that before the Code took effect, a bargainee of a party not in possession, actual or constructive, at the time of the execution of the deed, could not maintain ejectment in his own name, at least against the party at that time in the adverse possession of the land. His disability to maintain the action…
2Cited by25 opinions
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- West Virginia Transportation Co. v. Ohio River Pipe Line Co.West Virginia Supreme Court · 1883
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Mustard v. Wohlford's heirsSupreme Court of Virginia · 1859
- Moore v. SharpeSupreme Court of Arkansas · 1909
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