Legal Opinion

Reusens v. Lawson

Supreme Court of Virginia

Decided September 15, 1898PublishedCited by 8 opinions

Error to a judgment of the Circuit Court of Carroll county rendered May 6, 1897, in an action of ejectment, wherein the plaintiff in error was the plaintiff, and the defendants in error were the defendants. The evidence sufficiently appears in the opinion of the court.

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Error to a judgment of the Circuit Court of Carroll county rendered May 6, 1897, in an action of ejectment, wherein the plaintiff in error was the plaintiff, and the defendants in error were the defendants. The evidence sufficiently appears in the opinion of the court. The instructions referred to in the opinion of the court as numbers 5, 6, and 7 given for the defendants, and number 13 given for the plaintiff, are as follows: No. 5. “ The court instructs the jury that if they should believe from the evidence that the land in controversy is not within the boundaries of the Miller patent, and…

1Opinion of the CourtRiely, J.

This is an action of ejectment to recover two hundred and six acres of land, which the plaintiff asserts is a part of a large grant to General Henry Lee, assignee of John Miller, and within the survey for Miller upon which the grant was founded.

The case is before us for the second time. It was here before mainly upon matters of law. Reusens v. Lawson, 91 Va. 226. It is now before us chiefly upon questions of fact.

The defence was twofold: First, that the land was not within the Miller survey; and second, that, if covered by it, the defendants and those through whom they claim were purchasers…

2Cases cited5 opinions

  1. Kimball & Fink v. Friend's Adm' rSupreme Court of Virginia · 1897
  2. Reusens v. LawsonSupreme Court of Virginia · 1895
  3. Hopkins, Brother & Co. v. RichardsonSupreme Court of Virginia · 1852
  4. Vaiden v. CommonwealthSupreme Court of Virginia · 1855
  5. Michie v. CochranSupreme Court of Virginia · 1896

3Cited by8 opinions

  1. Morien v. Norfolk & Atlantic Terminal Co.Supreme Court of Virginia · 1904
  2. Carpenter & Co. v. Virginia-Carolina Chemical Co.Supreme Court of Virginia · 1900
  3. Atlantic Coast Line Railroad v. WatkinsSupreme Court of Virginia · 1905
  4. Gray v. RumrillSupreme Court of Virginia · 1903
  5. Dingee, Weinman & Co. v. Unrue's Adm'xSupreme Court of Virginia · 1900

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