4 Va. 50
Decided July 15, 1847
Supreme Court of Virginia · decided 1847-07-15
These were first, an action of trespass quare clausum fregit by Davis v. Smith, and second, an ejectment by Smith v. Davis, in the Circuit Court of Botetourt county; and the only question in dispute was which was the true division line between their respective tracts of land. Both tracts had been parcel of a larger tract owned by James M’Crery in his lifetime, and which was divided by commissioners among his heirs, after his death.
Decided 1847-07-15
¶1delivered the opinion of the Court.
¶2It seems to the Court here, that the Circuit Superior Court erred in refusing to give the instruction to the jury asked for by the plaintiff in error, and in giving the instruction which it did give. Therefore, the judgment is reversed with costs, the verdict and judgment is set aside, and the cause remanded for a new trial of the issue joined.