Moore v. Douglass

Citations

• 14 W. Va. 708
• 1879 W. Va. LEXIS 5

Syllabus

<p>1. A case in which the defendants in an action of unlawful entry and detainer were held to have waived their right to move the court to quash the original summons issued in the cause, for an insufficient description of the premises claimed to be withheld, under the act of the Legislature passed February 27, 1864. See Acts of Legislature of 1864, pp. 13 and 14.</p> <p>2. In an action of unlawful entry and detainer the complaint, on which the original summons or warrant was issued by the justice under said act, may be looked to by the court in aid of the description of the premises contained in the warrant or summons.</p> <p>3. An instruction prayed should be pertinent, and there should generally be evidence in the cause tending to prove the case the instruction supposes to exist, otherwise the instruction should be rejected as tending to confuse and mislead the jury, as well as for not being pertinent.</p> <p>4. If the evidence tends to prove one state of facts, and the instruction prayed supposes and is predicated upon an opposite state of facts, the existence of which there is no evidence tending to prove, it is not generally error for the court to refuse the instruction.</p> <p>5. The nature of the possession, to which this summary remedy applies, is not confined to a possession hy actual occupancy or enclosure.</p> <p>6. Title draws after it possession of property not in the adverse possession of another.</p> <p>7. Actual possession of part of a tract of land under a bona fide claim and color of title to the whole is possession of the whole, or so much thereof as is not in the adverse possession of others.</p> <p>8. And in such, case the party in actual possession of such part has a sufficient possession of the residue of the tract, to entitle him to the action of unlawful entry and detainer against a wrong-doer who enters upon such residue, who has not the right of entry thereon. But the owner of such residue, or those authorized under him, may lawfully enter