1 Va. 288
Decided February 15, 1823
Supreme Court of Virginia · decided 1823-02-15
This was an action of ejectment brought in the superior court of Northampton, by William Kendall, and Sarah C. B. Rogers, for one messuage, one garden, one orchard, and three hundred acres of wood land. The declaration was served on Oldham and Cobb, tenants in possession ; and, afterwards, William Littleton Eyre, an infant, by John Eyre, (who was appointed his guardian, ad litem,) was admitted defendant to this suit.
Decided 1823-02-15
¶1February 6.
¶2delivered the opinion of the court.
¶3The court is of opinion, that Custis Kendall, under whom the appellee claims, took an estate tail in the land in question, under tlie will of William Kendall the elder, which was converted into a fee by the law, and thei'efore, affirm the judgment.
¶4 Judge Green did not sit in this case, the cause having been argued before his appointment.