Lowes v. Holbrook
General Court of Virginia
Trespass q. c.f. upon a tract of land called Bis-élense. ' The defendant pleaded non cul. and issue was joined. The question of dispute between the parties was the true location of the tract of land called Dispense. 1. The plaintiff at the trial offered in evidence a deed from George and Leah Gale for a moiety of the tract of land called Dispense, without previously shewing their title to the land.
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Trespass q. c.f. upon a tract of land called Bis-élense. ' The defendant pleaded non cul. and issue was joined. The question of dispute between the parties was the true location of the tract of land called Dispense. 1. The plaintiff at the trial offered in evidence a deed from George and Leah Gale for a moiety of the tract of land called Dispense, without previously shewing their title to the land. The defendant objected to the reading of the deed in evidence, until the plaintiff had shewn that the grantors had a right to convey, because it was irrelevant to the cause. The Court determined,…
1Opinion of the Court
The Court determined that the commission and return were admissible evidence to go to the jury to have what weight the jury might think it deserved? but that it was not conclusive evidence. That a verdict might be given in evidence, to have its weight with the jury, but it was, not conclusive. Yerdict for the plaintiff.
2Cited by2 opinions
- Montchester Gun Club, Inc. v. Honga River Gun Club, Inc.Court of Appeals of Maryland · 1970
- Honga River Gun Club, Inc. v. Montchester Gun Club, Inc.Court of Special Appeals of Maryland · 1974