Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 56
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Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 56

Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 56


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...as will make such claimant during such statutory period continuously subject to be treated as a. trespasser by the holder of the superior title eonstructively or actually in possession of such land. Such claim of possession does not amount to an ouster of the superior claimant. (pt 380). Bill by Henry Wilson against George W. Braden and others. Decree for plaintifl, and defendants appeal. Reversed. V. B. Aacnan, WM. Baum, S. Rosrxsox, and H. B. Woons, for appellants. Henry S. Wilson, plaintiff, obtained a writ of error from a jiidgment of the circuit court of Ritchie county in a suit in ejectment in favor of George Braden and Hester Deem, awarding them title to two certain tracts of land claimed by the plaintiff. The case was here before, 48 W. Va. 196, and a judgment for the same defendants was reversed and a new trial awarded. A new trial being had, the plaintiff having proved his title, and possession thereunder and the dc.fendants having set up possession under color of title for more than ten years, the plaintiff demurred to the evidence in which the defendants joined. On a conditional verdict the. court found for the defendants, and gave judgment accordingly. I-t is now well established that on a demurrer to the evidence, the court will consider the whole evidence as though on a verdict in favor of the dcmurrces, and will not reverse the judgment unless the evidence is insufficient to sustain the same. Bowman v. Dewing antl Sons, 50 W. Va. 446; Lewis v. C. centsC-O. R. R. Co., 47 W. Va. 656. The first question that arises on demurrer is as to whether the plaintiff has made his title clear, either by a complete chain from the Commonwealth of Virginia, or b_v possession under color of title for the statutory period. If he ha


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Product Details
  • ISBN-13: 9781234111632
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 282
  • Spine Width: 15 mm
  • Width: 189 mm
  • ISBN-10: 1234111632
  • Publisher Date: 14 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 508 gr


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Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 56
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