Randolph v. Longdale Iron Co.

Citations

• 84 Va. 457
• 5 S.E. 30
• 1888 Va. LEXIS 96

Syllabus

<p>1. Appellate Court—Waiver of jury—Demurrer to the evidence.—Where jury is waived and while matter of law and evidence is submitted to and determined by the court, and its judgment being excepted to, the evidence is certified, the bill of exceptions will be treated by this court as a demurrer to the evidence.</p> <p>2. Ejectment— Grants—De-surveys—InterlocJcs—Plaintiff rested his title on a grant dated in 1796 of 20,000 acres; defendant on patent dated in 1795, for an equal tract adjoining plaintiff’s tract, and a re-survey by order of court in 1835, for the purpose of more certainly establishing the lines of the original grant. The re-survey contained 26,650 acres, the difference being within plaintiff’s tract, the lines of the re-survey, however, not corresponding with those of the original grant:</p> <p>Held :</p> <p>The title to the 6,650 acres was founded on new rights acquired subsequent to plaintiff’s patent, and could not affect the plaintiff’s title.</p>