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· 7/2/1891

Carter's Heirs v. Edwards

Citations

  • 88 Va. 205
  • 13 S.E. 352
  • 1891 Va. LEXIS 18

Syllabus

<p>1. Ejectment—Patent.—Legal execution—Case at bar— Land patent issued to plaintiff’s ancestor lacking state seal was not admitted until evidence was offered to show seal was on it when issued. Then it was admitted, but jury was required to ascertain if seal was on it when issued;</p> <p>Held :</p> <p>Error, as patent should have been admitted with instruction that its validity depended on its legal execution.</p> <p>2. Idem—Certified copg—Cane here.—Court below refused to allow to he read to the jury a copy of the patent duly signed, sealed, and certified;</p> <p>Hkl» :</p> <p>Error.</p> <p>3. General Law—Repeal.—Code 1887, 14202, repealed act of ¡March 9, 1880, as to actions of ejectment in certain counties, said act being a general law.</p>

Judges: Lacy

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