Slocum v. Compton

Citations

• 93 Va. 374
• 25 S.E. 3
• 1896 Va. LEXIS 84

Syllabus

<p>1. Ejectment—Verdict for Part of Land—Requisites of Verdict.—Where the verdict, in an action of ejectment, is for a part only of the land sued for, the boundaries of the part recovered should be designated. The verdict must be certain in itself, or must refer to some certain standard by which to ascertain the land so found, otherwise it will be too uncertain to warrant a judgment upon it.</p> <p>2. Ejectment—Title by “ Court-right” Proceedings—Possession at that Time.—A plaintiff in ejectment who does not rely upon a grant from the Commonwealth, but endeavors to show that he has acquired the Commonwealth's title to the land in controversy by acts done and proceedings had under section 41, chapter 108, of the Code of 1873, as amended by the act of March 6,1880 (Acts 1879-80, ch. 214, p. 205), must bring himself within the terms of the act. The act provides, amongst other things, for a continuous settlement for five years and the payment of taxes within that time by the person having settled the same, and the title of the Commonwealth is to be relinquished to the person in possession of the land, claiming the same under such settlement, after having taken certain “court-right” proceedings therein provided for. If it appears that those under whom the plaintiff claims were not in possession of the land when they instituted the “court-right” proceedings provided for by that section, then the proceedings were without authority of law, and conferred no rights upon the parties claiming under them, and the plaintiff cannot recover.</p>