Blankenpickler v. Anderson's Heirs
Supreme Court of Virginia
This was an action of ejectment in the Circuit court of Smythe county, brought by John Anderson against A. J. Blankenpickler. Pending the action Anderson died, and it was revived in the name of his heirs. There was a verdict and judgment for the plaintiffs; and the tenant obtained a writ of error.
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This was an action of ejectment in the Circuit court of Smythe county, brought by John Anderson against A. J. Blankenpickler. Pending the action Anderson died, and it was revived in the name of his heirs. There was a verdict and judgment for the plaintiffs; and the tenant obtained a writ of error. On the trial of the cause the tenant filed two bills of exceptions; the first to the refusal of the court to give an instruction to the jury; and the second to the refusal to grant a new trial, in which the facts were set out. The first bill of exception was taken on the second day of the trial, and…
1Opinion of the CourtRobfrtson, J.
The first assignment of error is for the refusal of the Court to give the following instruction, viz:
“If the jury shall believe from the evidence, that the patent dated the 6th day of May, 1787, from the Commonwealth of Virginia to Joseph Cole, for 259 acres, under which the plaintiffs claim, was issued after the death of Joseph Cole, the grantee named therein, then said patent is void, and the jury must find for the defendant; unless they believe from the other evidence that the plaintiffs have right to the land in controversy.”
On behalf of the defendants in error it is insisted, that the…
2Cases cited1 opinion
- Whitton v. Swope's administratorsCourt of Appeals of Kentucky · 1822
3Cited by1 opinion
- Tapscott v. CobbsSupreme Court of Virginia · 1854