Craig-Giles Iron Co. v. Wickline

Citations

• 126 Va. 223
• 101 S.E. 225
• 1919 Va. LEXIS 89

Syllabus

<p>1. Ejectment—Boundaries—Question for Jury.—Where in an action of ejectment there was evidence tending materially to identify and locate plaintiff’s grant in such way as to include the land claimed and held by the defendants under a junior grant, but this evidence was not conclusive; the court properly referred the question to the jury, and the verdict of the jury either way would have been binding upon the court.</p> <p>2. Boundaries—Virginia and West Virginia Lino—Crossing a Boundary.—The line between the States of Virginia and West Virginia is, of course, well established, and when a boundary is described by metes and bounds, and is shown to be crossed by that line, it is a simple undertaking to determine where the line enters and where it leaves the boundary, even though neither point of intersection be given. It would only be necessary to run the outside lines of the boundary and then follow the State line through it.</p> <p>3. Ejectment—Burden of Proof.—In an action of ejectment, the burden of proof is on the plaintiff to identify and locate the land which he claims, and to show that the same is included within his title papers.</p> <p>4. Adverse Possession—Offer to Purchase Adverse Claim.—An offer to purchase an adverse claim does not make the claim good.</p> <p>5. Adverse Possession—Color of Title—Disseisin—Case at Boa-.— Where plaintiff held a 15,000-acre boundary under a senior grant, defendants’ paper title under a junior grant to a tract within this boundary was valueless except as color of title. The plaintiff showed no actual possession, but it was Under no obligation to do so. Its senior grant conferred upon it a constructive possession of the whole tract, and this constructive possession would continue good regardless of the junior grant, unless and until there was a disseisin.</p> <p>6. Adverse Possession—Disseisin—Case at Bar.—To constitute the disseisin referred to in the preceding syllabus, it was just as necessary for the defendants to take ac