Cornett v. Rhudy

Citations

• 80 Va. 710
• 1885 Va. LEXIS 111

Syllabus

<p>1. Presumptions — Hereditaments.—In principle there is no difference as. to the acquisition of rights, whether the subject be corporeal or incorporeal ; but the statute of limitations introduces a difference.</p> <p>2. Idem — Corporeal hereditaments — Statute of limitations. — As to the possession requisite to acquire title to things corporeal, the statutory period prevails.</p> <p>3. Idem — Incorporeal hereditaments — Prescription.—Twenty years adverse,. exclusive, undisturbed possession of things incorporeal, affords conclusive presumption of title.</p> <p>One is entitled to the benefit of all water on his lands, but another may acquire a right thereto by twenty years adverse, exclusive and undisturbed occupation thereof.</p> <p>4. Practice at common law — Province of jury. — It is fundamental that,, where the evidence is parol, any opinion given by the court as to the weight, effect or sufficiency of the evidence submitted to the jury, or any assumption of a fact as proved, is an invasion of the province of the jury, and is reversible error.</p>