Whitacre v. M'Ilhaney
Supreme Court of Virginia
IN the trial of an action of ejectment in behalf of Ceciliq MHlhaney against Benjamin Whitacre, in the superior court °* ^aw ^01' Loudoun county, the plaintiff, having first read jn evidence a patent for the lapd in dispute, from the late * proprietor of the Northern Neck, to Gidney Clark, grandfather of Gidney Clarke the younger, dated November 23d, -1740, farther offered in evidence a document described as “a recor[l in a suit in the high court ot chancery, between Mary…
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IN the trial of an action of ejectment in behalf of Ceciliq MHlhaney against Benjamin Whitacre, in the superior court °* ^aw ^01' Loudoun county, the plaintiff, having first read jn evidence a patent for the lapd in dispute, from the late * proprietor of the Northern Neck, to Gidney Clark, grandfather of Gidney Clarke the younger, dated November 23d, -1740, farther offered in evidence a document described as “a recor[l in a suit in the high court ot chancery, between Mary Hall executrix of Upton Law plaintiff, and Maru J Clarke executrix of Gidney Clarke the grandfather, Gidney Clarke the…
1Opinion of the Court
Judge Roane
pronounced the following opinion of the court.
It is the opinion of the court, that there is errpr in the judgment and proceedings of the Superior Court of law in this ; that the decree offered and admitted in evidence, and stated in the first bill of exceptions, being only a copy of a copy, was inadmissible, and ought not to have gone to the jury. On the same ground, of its being a copy of a copy, the deed from Samuel Love and Hugh Stuart, two of the commissioners, to Theodorick Lee, the third commissioner, acting under that decree, if the same was offered in evidence and objected…
2Cited by16 opinions
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Cornett v. RhudySupreme Court of Virginia · 1885
- Hoxie v. CarrU.S. Circuit Court for the District of Rhode Island · 1832
- Tyler v. Chesapeake & Ohio R. R.Supreme Court of Virginia · 1891
- Porter v. StaleyWest Virginia Supreme Court · 1925
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