Walton v. Hale
Supreme Court of Virginia
This was a proceeding' upon a caveat entered in the Circuit court of Carroll county, by George Walton against the issuing of a patent to Bielden G. Hale for a tract of land in that county. The facts are stated in the opinion of Judge Allen. There was a judgment in favor of Hale; whereupon Walton applied to this court for a supersedeas, which was allowed.
1Opinion of the Court
*ALLEN, J.
The appellant entered a caveat in the Circuit court of Carroll against the issuing of a grant to the appellee. The caveat rests upon the ground of the better right in the cav.eator to the land-surveyed. Unless he can show such better right, the judgment in favor of the caveatee must be affirmed, though it might appear that as against a party showing a right his entry and survey were defective.
It appears from the facts found by the jury, that the land embraced by the entry and survey of the caveatee lies within the boundaries of a grant to Thomas Ruston and John D. Blanchard, dated…
2Cases cited1 opinion
- Masters v. Varner's ex'orsSupreme Court of Virginia · 1848
3Cited by18 opinions
- Sulphur Mines Co. v. Thompson's HeirsSupreme Court of Virginia · 1896
- Hall v. HallWest Virginia Supreme Court · 1877
- McDodrill v. Pardee & Curtin Lumber Co.West Virginia Supreme Court · 1895
- Beckwith v. ThompsonWest Virginia Supreme Court · 1881
- Miller v. WilliamsSupreme Court of Virginia · 1859
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