Collins v. Riley

ERROR to the District Court of the United States for the District of West Virginia.

Riley claiming to be the owner in fee-simple of a large body of land, containing 3,000 acres, consisting of several tracts in the county of Ritchie, State of West Virginia, brought this action, on the 28th of March, 1868, to recover the same from the plaintiffs in error, who, it is alleged, unlawfully withheld from him the possession thereof. The plea, following the requirements of the local law, was, 'not guilty of unlawfully withholding premises claimed by the plaintiff in his declaration.' A trial resulted in a verdict for the defendants, which was, on motion, set aside. Upon a second trial the jury found for him, the verdict being in these words: 'We, the jury, find for the plaintiff the land described in the declaration [here follows a description of the boundary of the entire tract of 3,000 acres], except as to two undivided thirds of [here follows a description of separate tracts, aggregating 1,834 acres, and claimed by the respective defendants]. And as to the two-thirds of the lands hereinbefore described and excepted, we find for the said defendants; and as to the remaining one-third of the lands hereinbefore excepted, and claimed by the said defendants, we find the following facts: That Frederick Swetzer died on the ___ day of ___, 1823, possessed in fee of lot No. 4 and the lower half of No. 5, as herein before found for the plaintiff, leaving three heirs-at-law who inherited said property, one of whom, Polly, had, prior to his death, intermarried with Abraham Wagoner; and that subsequently to his death, to wit, on the ___ day of January, 1868, the said Abraham Wagoner and Polly his wife conveyed to the plaintiff in this cause all right and title in said lands; and that before the commencement of this suit Abraham Wagoner died, on the ___ day of February, 1868, and the said Polly Wagoner died afterwards, on the ___ day of March, 1868; and we further find that, at the date of the deed executed by the said Abraham and Polly Wagoner to the plaintiff in this cause, the said Abraham Wagoner's right to recover against the said defendants was barred by the Statute of Limitations. Upon this state of facts as to the interest of Polly Wagoner, if the law be for the plaintiff, then we find for the plaintiff in fee the remaining one-third of the several tracts of land claimed as aforesaid by the defendants, and of which two-thirds have been found for them; if the law be for the defendants, then we find for the said defendants the one undivided third part of the said land conveyed by the said Abraham Wagoner and wife, of which we have herein found two undivided third parts for the defendants.'

Riley moved the court to enter judgment in his behalf upon the special verdict. The defendants moved to arrest judgment for him, and, 'for various reasons appearing upon the face of the record,' to enter judgment in their favor. The motion of the plaintiff was granted and that of the defendants denied, whereupon they sued out this writ of error.

Mr. Robert S. Blair and Mr. Edwin Maxwell for the plaintiffs in error.

Mr. Gideon Draper Camden, contra.

MR. JUSTICE HARLAN, after stating the case, delivered the opinion of the court.