Andrews v. Roseland Iron & Coal Co.

Citations

• 89 Va. 393
• 16 S.E. 252
• 1892 Va. LEXIS 112

Syllabus

<p>1. Adverse Possession.—Uninterrupted, honest, adverse possession of land, under color of title, for the statutory period, is a defense to an action of ejectment by a party claiming under a senior patent.</p> <p>'2. Idem—What constitutes.—Where there is an interlock between a senior and a junior patent, and there has been no actual possession under the former, possession of the interlock, accompanied by claim of title to the whole of the land covered by the junior patent, is, in contemplation of law, possession of the whole.</p> <p>•3. Ejectment—Verdict.—Upon a plea of “ not guilty” to declaration that defendant unlawfully withholds possession of land, the verdict, “ IVe, the jury, find that the defendant does not withhold possession of the land in the declaration mentioned, as alleged, and therefore find for the defendant on the issue joined ”—</p> <p>Held</p> <p>The verdict is responsive to the issue, and unexceptionable.</p>