Legal Opinion

Tolley v. Pease

West Virginia Supreme Court

Decided April 23, 1913PublishedCited by 9 opinions

Error to Circuit Court, Raleigh Comity. Action by C. W. Tolley and others against William Pease and others. Judgment for defendants, and plaintiffs bring error.

1Opinion of the Court

RobiNsoN, Judge:

The action, is ejectment. Plaintiffs failed, and bring error.

The issue at the trial was reduced to a narrow one, defendants having disclaimed all beyond a line M. to E. on the official surveyor’s map. So the issue was whether that line was the true division line between the parties, or whether it was another line parallel thereto as claimed by plaintiffs.

According to the deed on which plaintiffs relied this division line was not governed in its location by natural landmarks or monuments directly on it, but must be located solely by various courses and distances calling for…

2Cases cited1 opinion

  1. Western Mining & Manufacturing Co. v. Peytona Cannel Coal Co.West Virginia Supreme Court · 1875

3Cited by9 opinions

  1. Wilson v. McCoyWest Virginia Supreme Court · 1923
  2. Burdette v. CampbellWest Virginia Supreme Court · 1944
  3. Morris v. NelsonWest Virginia Supreme Court · 1951
  4. Boggs v. MorrisonWest Virginia Supreme Court · 1926
  5. Ewart v. SquireCourt of Appeals for the Fourth Circuit · 1916

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