Basore v. Henkel

Citations

• 82 Va. 474
• 1886 Va. LEXIS 61

Syllabus

<p>1. Lands—Adversary possession—Forcible entry— Waste—Injunction— Case at bar.—In 1844, mountain land was patented to H., who held actual, exclusive possession thereof by open, notorious^ and habitual acts of ownership, paying the taxes, &c.—the county record show-no other claim to it—-for more than the statutory period of limita- ■ tion. In 1882, after the land had been purchased and paid for at a judicial sale of the land of H., B. entered forcibly under claim of title under an older patent, and was committing waste on it when the purchaser obtained an injunction. On motion to dissolve—</p> <p>Held :</p> <p>On strength of such possession merely, without regard to title otherwise, the injunction should be perpetuated.</p> <p>2. Idem—Queere.—Case at bar having been decided by the court under agreement of the parties, that the cause should be submitted to the court “for the determination of the question of title to the land as between the plaintiff and the defendants, and all other matters and questions in controversy in the cause”.; is such proceeding tobe regarded as an action of ejectment, or as a chancery proceeding and injunction, hy which the determination of the question of the title as between the plaintiff and the defendants was submitted to the court, without reference to the question as to there being an outstanding title in a third party ?</p>