Ocheltree v. McClung
West Virginia Supreme Court
Tbis was an appeal, by Joseph M. Ocheltree, from a judgment of the circuit court of Greenbrier county rendered on the 7th day of October, 1871, in an action of ejectment therein pending, wherein the said Ocheltree was plaintiff, and Cyrus McClung, Samuel K. McClung, Alpheus P. McClung, Frank McClung and James Rader, infant, and Calvin Rader, infant, heirs at law of Charles McClung, deceased, and Nancy McClung, widow of said Charles McClung, were defendants.
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Tbis was an appeal, by Joseph M. Ocheltree, from a judgment of the circuit court of Greenbrier county rendered on the 7th day of October, 1871, in an action of ejectment therein pending, wherein the said Ocheltree was plaintiff, and Cyrus McClung, Samuel K. McClung, Alpheus P. McClung, Frank McClung and James Rader, infant, and Calvin Rader, infant, heirs at law of Charles McClung, deceased, and Nancy McClung, widow of said Charles McClung, were defendants. So much of the pleadings in the cause, the evidence adduced at the trial and the orders and rulings of the court below, as áre deemed…
1Opinion of the Court
HopfMAN, Judge:
In England, at common law, a feoffment — including livery of seisin — was the ordinary conveyance used to transfer an estate in fee, vested in possession, in land, from the holder, in his lifetime, to another not already having an estate or interest in the land, or possession of it. This conveyance was effectual to vest a fee simple, or a fee limited to continue till the happening of a contingent event and thereupon of itself to determine; or a fee conditioned so as, upon a contingency to be, by the entry of the feoffor or his heirs, determinable; and, in either case, such…
2Cases cited1 opinion
- Jones v. TatumSupreme Court of Virginia · 1870
3Cited by11 opinions
- Carney v. KainWest Virginia Supreme Court · 1895
- Thrasher v. BallardWest Virginia Supreme Court · 1889
- Lambert v. SmithOregon Supreme Court · 1881
- Totten v. Pocahontas Coal & Coke Co.West Virginia Supreme Court · 1910
- Waldron v. Coal Co.West Virginia Supreme Court · 1907
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