Va. Mining & I. Co. v. Hoover

Citations

• 82 Va. 449
• 4 S.E. 689
• 1886 Va. LEXIS 57

Syllabus

<p>1. Practice at Common Law— Waiver of jury.-iWhere neither party requires a jury, and the whole matter of law and fact is heard and determined, and judgment given by the court, and the entire evidence is certified by the court in the bill of exceptions, the bill must be regarded as a demurrer to evidence by the plaintiff in error. Backhouse v. Selden, 29 Gratt. 581.</p> <p>2. Idem—Demurrer to evidence.—In such case, demurrant admits truth of all demurrfee’s evidence, and all reasonable and proper inferences therefrom, and waives all his own evidence which conflicts with or tends to make a case different from the case made by demurree’s evidence. Rudd v. N. &. W. R. R. Co. 80 Va. 546.</p> <p>3. Idem—Ejectment—Statute of limitations—Saving clause—War and stay-law periods.—-The exclusion, under the statutes of this State, and the decisions of this court, of the period of seven years, eight months and thirteen days, between April 17, 1861, and January 1, 1869, applies to actions of ejectment equally as to' other actions, &c.</p> <p>4. Idem—Adversary possession—Case at bar.—In this ease, the defendant, under the rule of evidence applicable here, established such adversary possession of the land in controversy in himself and those through whom he claimed, as barred the right of the plaintiff after the exclusion from the computation of the time of such possession the said war and stay-law periods.</p>