Virginia Reports; Jefferson--33 Grattan, 1730-1880 Volume 4; V. 6; V. 25; V. 27

Virginia Reports; Jefferson--33 Grattan, 1730-1880 Volume 4; V. 6; V. 25; V. 27

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...took in a considerable quantity of land on the north side, and among other tracts the 400 acres of the plaintiff. He being in possession, and refusing to yield the land, M'Clung, (who had bought of Moore) brought 455 "ejectment against him, and recovered judgment. This bill was filed to enjoin that judgment, and to obtain a decree for the legal title. The Chancellor decreed in favor of Hughes, and M'Clung appealed: This statement shews that the ejectment must have presented a question of title and boundary purely; a question peculiarly proper for a Court of law, and a jurj'. They have pronounced that the patent of M'Clung covered the land; and being the eldest, carried the legal title. Can this question be re-examined in equity? We will consider this, first, on general principles; secondly, on the doctrine of caveats. 1. If there were mala fides or fraud of any JThe President absent kind in the transaction, it is clear that equity might interpose, and say to Moore or M'Clung, 'though you have gotten the legal title, you shall not enjoy the fruits of your iniquity. Taking hold of your evil conscience, we will postpone you to Hughes, and compel you to release to him your legal title." Does the bill contain any charges sustained by evidence, which would authorise this procedure? The first ground of equity is, that Moore and M'Clung sold the land to Morris and Nicholson, who, in 1794, sent Robert James as their agent, to view it and ascertain the boundaries: that he, with Welch the surveyor, went round the survey, and ran the closing line on the south side of Gauley, declaring he had no claim to land on the north side. Supposing this literally true, it is difficult to perceive how It would attach an equity upon the conscience of Moore or...show more

Product details

  • Paperback | 932 pages
  • 189 x 246 x 47mm | 1,628g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • Illustrations, black and white
  • 1236609530
  • 9781236609533