Heller v. Woodley

121 S.E.2d 527, 202 Va. 994, 1961 Va. LEXIS 207
CourtSupreme Court of Virginia
DecidedSeptember 8, 1961
DocketRecord No. 5264
StatusPublished
Cited by3 cases

This text of 121 S.E.2d 527 (Heller v. Woodley) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heller v. Woodley, 121 S.E.2d 527, 202 Va. 994, 1961 Va. LEXIS 207 (Va. 1961).

Opinion

I’Anson, J.,

delivered the opinion of the court.

Caroline Knight deWitt Woodley, the appellee herein, instituted this suit to enjoin the appellants, Albert Heller and Mollie L. Heller, from trespassing on a parcel of land 20 feet by 50 feet situated in [995]*995the city of Virginia Beach, Virginia, to which she claimed ownership by record title and adverse possession, and prayed that the appellants be required to remove a fence separating the disputed parcel from her other property and that the true boundary line between the properties of the parties be established. After hearing the evidence ore tenus and construing a special commissioner’s deed to one of the appellants’ predecessors in title, the chancellor decreed that the appellee was the owner of the disputed land, enjoined the appellants from further trespassing on the appellee’s property, ordered them to remove the fence, and held that in view of his construction of the deed it was not necessary to pass upon the question of adverse possession. From this decree we granted the appellants an appeal, and the appellee has not assigned cross-error to the decree of the chancellor in not adjudicating the question of adverse possession.

The diagram on page 996 will show the land involved and illustrate the pertinent facts hereinafter discussed.

The title to the land of each party to this suit is traced to Cecile A. deWitt, mother of the appellee, who acquired the properties by two separate deeds from the Virginia Beach Development Company.

The first deed, dated October 26, 1903, conveyed to Cecile A. deWitt lot 15 and five other lots in block 13 as shown on plat No. 2 of the lands of the Virginia Beach Development Company, which was duly recorded in the clerk’s office of the Circuit Court of Princess Anne County in 1901, and the metes and bounds description of the lots described as a whole refers to the northern line of Mississippi avenue (later changed to 12th street) as their southern boundary. The plat shows that Mississippi avenue was 80 feet wide and that each of the lots fronted 50 feet on the street with a depth of 155 feet. This deed is the appellants’ source of title to the southern 150 feet of lot 15 in block 13.

Under the second deed, dated November 29, 1910, Cecile A. deWitt acquired lot 16 and three other lots in block 13, as shown on the aforementioned recorded plat, with each lot fronting 50 feet on the south side of Florida avenue (later changed to 13 th street) and extending back between parallel lines a distance of 155 feet.

The southern line of lot 16 in block 13 is the northern line of lot 15 in block 13, and the appellee acquired title to lot 16, and the northern 5 feet and the adjoining disputed 20 by 50 feet of lot 15, as an heir of Cecile A. deWitt and from her brothers and sisters by deed dated April 10, 1947.

On January 4, 1907, the town council of Virginia Beach adopted

[996]*996

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Bluebook (online)
121 S.E.2d 527, 202 Va. 994, 1961 Va. LEXIS 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heller-v-woodley-va-1961.