Tillard's Lessee v. Fisher

General Court of Virginia

Tillard's Lessee v. Fisher

3 Md. 118

DecidedMay 15, 1793

StatusPublished

This text of 3 Md. 118 (Tillard's Lessee v. Fisher) is published on Counsel Stack Legal Research, covering General Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tillard's Lessee v. Fisher, 3 Md. 118 (Va. Super. Ct. 1793).

Pincite

Opinion

The Court

set aside the award, there being an error in law apparent upon the face of the award, as to the Statute of limitations not attaching where the defendant had been in possession by enclosures for more than twenty years.

The court doubted their power to reinstate the cause for trial. It was done, however, with the consent of the defendant’s counsel.

At May term, 1794, the court determined that the cause could not be reinstated, and the parties were obliged to docket the suit, file a new declaration, and agreed to admit the old proceedings as a part of the new suit.

Free access — add to your briefcase to read the full text and ask questions with AI

The Court

set aside the award, there being an error in law apparent upon the face of the award, as to the Statute of limitations not attaching where the defendant had been in possession by enclosures for more than twenty years.

The court doubted their power to reinstate the cause for trial. It was done, however, with the consent of the defendant’s counsel.

At May term, 1794, the court determined that the cause could not be reinstated, and the parties were obliged to docket the suit, file a new declaration, and agreed to admit the old proceedings as a part of the new suit.

Cite This Page — Counsel Stack

Bluebook (online)

3 Md. 118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tillards-lessee-v-fisher-vagensess-1793.