Reynolds v. Cook

Citations

• 83 Va. 817
• 3 S.E. 710
• 1887 Va. LEXIS 127

Syllabus

<p>1. Real Estate—Conveyance without warranty—After-acquired title— General rule.—The general rule is that where land is conveyed without warranty, the grantor is not estopped from setting up an after-acquired title. Doswell v. Buchanan, 3 Leigh, 365.</p> <p>2. Idem—Recitals—Estoppel—Exception.—But where conveyance recites or affirms, expressly or impliedly, that grantor is seized of a particular estate which it purports to convey, he will be estopped to deny that such estate passed, although there be no warranty at all. Van Rensselaer v. Kearney, 11 Howard, 297.</p> <p>3. Title—Evidence.—Instruments that are muniments of title are, as such, competent evidence.</p> <p>4. Ejectment—Special plea—Disclaimer.—In ejectment, the only plea in bar of action, in whole or in part, is the plea of “ not guilty.” A paper called a “disclaimer,” but actually in the nature of a special plea, should be rejected. Code 1873, ch. 131, $ 13.</p> <p>5. Idem—Declaration— Verdict.—Declaration charged that defendant unlawfully withheld possession of whole limestone tract. The evidence showed that defendant claimed no other right than to quarry and remove limestone from the land. Verdict: “We, the jury, find the defendant not guilty.”</p> <p>Held :</p> <p>The verdict is contrary to the evidence. It should have been for the plaintiff, except as to the right to quarry and remove limestone. Code 1873, ch. 131, $ 18.</p> <p>6. Incorporeal Hereditament—Ejectment.—A right to quarry and remove limestone from a tract of land is an interest in, or a right arising out of, land, and as such constitutes, under Code 1873, ch. 131, $ 5, a foundation for an action of ejectment.</p>