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6 Va. 367

Harris v. Harris

Supreme Court of Virginia

Decided April 7, 1819

Supreme Court of Virginia · decided 1819-04-07

AT the trial of this cause, (which was an Ejeetment by Thomas H. Harris against Thomas harris, in the Superior Court of Henrico County,) the plaintiff introduccd in evidence a deed of trust from Thomas Harris and wife to Andrew Stevenson, dated the 2d of February 1809, and recorded the 6th of the same month; also a deed of bargain and sale executed by the said trustee to Thomas II.

Decided 1819-04-07

Judge Roane

¶1pronounced the Court’s opinion, as follows:

¶2For some of the reasons assigned in the case of Taylor v. King, the Court is of opinion that the instruction, of the Superior Court is erroneous in this, that it did not admit that the legal title to the land in controversy passed by the Deed in the exception mentioned, unless the lessor of the plaintiff would prove that the terms prescribed by the Trust Deed had been complied with. The Judgment is therefore reversed with costs, and a new trial awarded, in which, if requested, a contrary instruction is to be given.

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