Hurst v. Dulany

Citations

• 84 Va. 701
• 5 S.E. 802
• 1888 Va. LEXIS 132

Syllabus

<p>1. Oysters—Assignment of waterfront.—Under ch. 254, l 6, Acts 1883-84, there can be but one assignment for planting oysters. If there has been an .assignment to the tenant (occupier), the owner is not entitled to another assignment on the same water front, and such assignment is void.</p> <p>2. Idem— TJnodcupied front.—Under said section 6, the inspector is not bound first to assign an unoccupied portion of the water front.</p> <p>3. Unlawful detainer—Instructions.—In action to recover possession of the oyster bottom assigned plaintiff under said l 6, it was improper for the trial court to instruct the jury that, if thes' believed the plaintiff was in possession of this bottom under the assignment, they should find for him.</p> <p>4. Idem—Nullum tempus.—At trial of said action an instruction based on the idea that the defendant might resist the claim of the State to the oyster bottom in question by proof of long possession thereof was improper,, as time runs not against the State.</p>