Bradley v. Zehmer

Citations

• 82 Va. 685
• 1886 Va. LEXIS 89

Syllabus

<p>1. Equity Jurisdiction—Partition—Title.—Code 1873, ch. 120, see. 1 authorizes the court in making partition of land to take cognizance of all questions of law affecting the legal title that may arise in any proceeding.</p> <p>2. Res Judicata.—This doctrine applies to all matters existing at the time of giving the judgment or decree, which the party had opportunity to bring before the court. Adams v. S. V. R. R. Co., 76 Va. 913.</p> <p>3. Deeds—Construction—Case at bar.—In construing a written instrument, the agreement of the parties must be derived from a consideration of it as a whole. So considered, it is manifest that under the Brooks’ deed, the grantee, Bradley, took only an estate for the life of Charles Zehmer.</p>