Postlewaite v. Wise

Citations

• 17 W. Va. 1
• 1880 W. Va. LEXIS 1

Syllabus

<p>1. In an action of ejectment, brought under the code of Virginia of 1800, the land is described with sufficient accuracy in the declaration, when the county in which it lies is stated, and it is said to lie adjoining what is known as the old William Postlewaite farm, and that it coatained one hundred and fourteen acres, and its boundaries are set ont in detail by courses and distances; or where it is stated in what county it lies, the number of acres it contains, its boundaries by courses and distances in detail,andis described as the sante that was conveyed to the plaintiffs by the heirs of William Postlewaite, deceased, by deed bearing date June 10, 1856, duly recorded in the recorder's office of said county.</p> <p>It is sufficient in such, a declaration, to allege, that the plaintiffs on a certain day were possessed of and claimed title to this tract of land in fee simple, describing it as above, and that the defendant after-wards, to wit, on a certain day named, entered into the said premises and ejected them from their said land, and still holds them out of the possession thereof; it not being necessary to say in such a declaration that this withholding the possession from them was ■unlawful. 2.</p> <p>!i. If such declaration contained several counts; and no damages are claimed at the end of each count, but the entire declaration concludes: “In all to the damage of the plaintiff $500.00, and therefore they sue,” this claim of damages must be regarded as on account of the wrongs named in each several count, and therefore a verdict and judgment may on such a declaration be rendered for damages.</p> <p>I. If on the first trial of such a case, copies of certain deeds offered by the plaintiffs are admitted, and the defendant objects to them, because their acknowledgment and certificate of recordation are insufficient, and on a writ of error they are decided by this Court to have been properly received in evidence, and the case being for other reasons remanded, o