Downey v. Nutt

Decided February 13, 1869

Supreme Court of Virginia · decided 1869-02-13

This was an action of ejectment in the Circuit court of the county of Alexandria, brought in March 1867, by William D. ISTutt against James M. Downey, to recover a tract of one hundred and eighty acres of land lying in that county, and called Farm-Will-Alice. The defendant appeared and pleaded the general issue, and the parties agreed the facts, and waiving a jury, further agreed that the suit might be ■ decided by the court.

Relies on Martin v. Snowden

Decided 1869-02-13

Moncure, P.,

¶1delivered the judgment of the court: The court is of opinion that for reasons stated in *61the cases of Martin v. Snowden, trustee, Bennett v. Hunter, Portner & Recker v. Cazenove, 18 Gratt. 100; and Turner v. Smith, &c., Id. 830, which'rule this case, there is no error in the said judgment. Therefore, it is considered that the same he affirmed, and that the defendant recover of the plaintiff thirty dollars damages, and also his costs by him about his defence in this behalf expended; which is ordered to be certified, &c.

¶2Erras, J., dissented.

¶3Judgment appirmed.