Carroll v. Norwood
General Court of Virginia
Ejectmert, with seven separate demises, for a tract of land called Fates his Forbearance, lying in Baltimore comity. The defendants took defence on warrant, and plots were made, The plaintiff at the trial, offered in evidence to the jury a deed from George Fates to John Israel, dated the 5th of July 1712, for a moiety of the tract of land fop which the ejectment was brought, which moiety was described in the said deed by courses and distances.
Read the full summary
Ejectmert, with seven separate demises, for a tract of land called Fates his Forbearance, lying in Baltimore comity. The defendants took defence on warrant, and plots were made, The plaintiff at the trial, offered in evidence to the jury a deed from George Fates to John Israel, dated the 5th of July 1712, for a moiety of the tract of land fop which the ejectment was brought, which moiety was described in the said deed by courses and distances. The whole of which said tract had beep devised to the said George Fates, and one John fates, in fee, as tenants in common, Eidgely and Mason, for the…
1Opinion of the Court
Chase, Ch. J,
Can a tenant in common of an Undivided tract of land convey his moiety, describing the same by courses and distances? No. But if there had been a division, and he conveys by expressions, the deed must be located on the plots.
On motion of the plaintiff’s counsel, leave was given by the court to amend the plots; for which pur? pose a juror was withdrawn, &c, and the cause continued until next term, on payment of the coste of this term by the plaintiff.
2Cited by4 opinions
- Boggess v. MeredithWest Virginia Supreme Court · 1879
- Worthington v. StauntonWest Virginia Supreme Court · 1880
- Giles v. DirobbioCourt of Appeals of Maryland · 1946
- Primm v. WalkerSupreme Court of Missouri · 1866