Marlow v. Bell's lessee
Supreme Court of Virginia
This was an action of ejectment in the Circuit court of Ohio county by Bell’s lessee v. Marlow. The plaintiff claimed under a patent to Moses Shepherd, dated the 24th of August 1803, for fourteen hundred and forty-one acres of land lying on the waters of Little Wheeling creek in the county of Ohio. The defendant claimed under a patent bearing date the 1st day of March 1831, for sixty acres.
Read the full summary
This was an action of ejectment in the Circuit court of Ohio county by Bell’s lessee v. Marlow. The plaintiff claimed under a patent to Moses Shepherd, dated the 24th of August 1803, for fourteen hundred and forty-one acres of land lying on the waters of Little Wheeling creek in the county of Ohio. The defendant claimed under a patent bearing date the 1st day of March 1831, for sixty acres. The only question in the cause was whether the patent under which the plaintiff claimed included the land claimed by the defendant under his patent. It appears that prior to the patent to Shepherd, Robert…
1Opinion of the Court
Allen, P.
Upon the trial of this ejectment, the controversy turned upon the construction of the description of the land contained in the grant under which the lessor of the defendant in error claimed. That grant is dated in 1803; the grant under which the plaintiff in error claimed, bears date on the 1st of March 1831. This action was commenced in 1839. If, therefore, the descriptive calls of the grant to the person under whom the defendant in error claims, embrace the land in controversy, judgment was properly rendered in his favor.
The grant to Moses Shepherd for one thousand four hundred and…
2Cited by3 opinions
- City of Roanoke v. BlairSupreme Court of Virginia · 1907
- Goff v. GoffWest Virginia Supreme Court · 1916
- Clarkston v. Virginia Coal & Iron Co.Supreme Court of Virginia · 1896