Blakey v. Morris

Citations

• 89 Va. 717
• 17 S.E. 126
• 1893 Va. LEXIS 93

Syllabus

<p>1. Ejkctmext—'Evidence.—At the trial oí an action of ejectment the will of the patentee, under whom plaintiffs claimed, which did not mention, nor refer to, nor appear to have any connection with, the land in controversy, was rejected as evidence in behalf of the plaintiffs.</p> <p>Held :</p> <p>Mo error.</p> <p>2. Idem—Color of title.—The deed or instrument relied on to give color of title must appear to define specifically the boundaries of the claim; and where, at the trial of such action, certain instruments, containing no description whereby the possession could be defined or ascertained, were offered by the plaintiffs to give color of title,, and were rejected—</p> <p>Held :</p> <p>Mo erpor.</p> <p>3. Yekdict—Code, § S484.—As the plaintiff must recover, if at all, upon the strength and sufficiency of his own title, and not upon the insufficiency of the defendant’s title, and the evidence adduced in the cause being-contradictory, the jury found for the defendant—</p> <p>Held :</p> <p>That under the rule, § 3484, this court will not disturb th'e verdict, there having been no incorrect instructions on the law given to the jury.</p>