Tapscott v. Lessee Of Cobbs

52 Va. 172 (1854)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Thomas Anderson died in 1800 having made a will. Anderson appointed several persons as his executors. The executors, Harris, Rives and Nathaniel Anderson sold the land at public auction between 1820 and 1825 to Rives. From the evidence, it appeared that from a contract between Rives and Sarah Lewis that the land had been sold by the executors to Lewis for $377.50. This contract was for the sale by Mrs. Lewis to Rives of her dower interest in another tract of land, for which Rives was to pay to the executors of Thomas Anderson, the sum of $217.50. In the short time after her purchase, she moved onto the land, built upon it and improved it and continued in possession until she died in 1831. Harris died in 1825, and Nathaniel died in 1831 leaving Rives to survive him. There was no evidence that the sums due and payable by Rives were ever paid and there is no evidence that the heirs of Lewis (Cobbs) were in possession of the land after Lewis' death except it may be inferred from the fact that she had been living upon the land from the time of her purchase until her death and that she died upon it. There was evidence that Tapscott (D) took possession in 1842 without any pretense of title. P sued D for ejectment. During trial, D demurred to the evidence. The court gave a judgment for P and D applied for supersedeas.