Huntington's Devisees v. Taylor
U.S. Circuit Court for the District of West Virginia
Action in Ejectment. On motion to instruct the marshal as to execution of writ of possession. On August 28, 1794, William Morris, for Jacob Skiles, entered 40,000 acres of land in Kanawha county, and on October 24, 1795, a survey thereof was made and admitted to record in said county.
Read the full summary
Action in Ejectment. On motion to instruct the marshal as to execution of writ of possession. On August 28, 1794, William Morris, for Jacob Skiles, entered 40,000 acres of land in Kanawha county, and on October 24, 1795, a survey thereof was made and admitted to record in said county. On January 19, 1795, John Steele entered 60,000 acres, and on the 2Jst day of January, 1795, lifted or withdrew 19,500 acres thereof and entered the same, and on March 17, 1795, a survey thereof was made, and on November 11,1796, a patent issued from the commonwealth of Virginia to' said John Steele for these…
1Opinion of the CourtDayton, District Judge
(sitting specially, after stating the facts as above). This matter has been argued orally and by briefs by all attorneys engaged to great length and with conspicuous ability. Very many perplexing questions have been suggested, the solution of which in my judgment would require a long and patient study of the history and evolution of the modern action of ejectment as regulated by legislative enactments from time to time. For instance, it is earnestly insisted for the Dickensons that (a) the writ cannot be executed with Taylor the sole defendant dead; (b) that the case cannot be revived, since…
2Cases cited2 opinions
- Thomas v. Musical Mutual Protective UnionNew York Court of Appeals · 1890
- Taylor v. Mutual Reserve Fund Life Ass'nSupreme Court of Virginia · 1899
3Cited by2 opinions
- Dickinson v. HuntingtonCourt of Appeals for the Fourth Circuit · 1911
- Huntington v. DickinsonCourt of Appeals for the Fourth Circuit · 1919