Pettit v. Cowherd

Citations

• 83 Va. 20
• 1 S.E. 392
• 1887 Va. LEXIS 33

Syllabus

<p>1. Practice at Common Law&emdash;Appeal from County Court.&emdash;On reversal or affirmance of judgment of county court the cause must be retained in circuit court and not remanded, except by consent, or for cause, which consent or cause must be stated in the remanding order. Code 1873, ch. 178, § 6. Smith v. Hutchinson, 7S Va. 683.</p> <p>2. Idem&emdash;Unlawful Detainer&emdash;Notice&emdash;.Case at Bar.&emdash;C. purchases and receives possession, but no conveyance, of land from M., who, later, conveys same to P. The latter brings unlawful detainer against C. without notice to her to surrender it.</p> <p>Held :</p> <p>The action cannot be maintained. The notice is essential. Twyman v. Hawley, 24 Gratt. 512.</p> <p>8. Idem&emdash;Statute of Limitation&emdash;Case at Bar.&emdash;Where in unlawful detainer plaintiff fails to prove that defendant has not unlawfully held possession ' of the land for three years or more before the commencement of the action, he cannot recover. Code 1873, ch. 030, §1.</p>