BOERNER v. McCALLISTER


89 S.E.2d 23 (1955)

197 Va. 169

Frank BOERNER v. Frank R. McCALLISTER.

Supreme Court of Appeals of Virginia.

September 14, 1955.


Attorney(s) appearing for the Case

Roscoe B. Stephenson, Jr., Covington, James P. Hart, Jr., Roanoke, for appellant.

J. C. Goodwin, Elizabeth City, N. C., for appellee.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, MILLER, SMITH and WHITTLE, JJ.


WHITTLE, Justice.

McCallister filed a bill in chancery against Boerner seeking to enjoin and restrain him from trespassing on and over his land, and to enjoin him from fishing in that portion of the Jackson River which passes through his property. The bill alleged that the tract of land owned by McCallister had been conveyed to Richard Morris by William Jackson in 1772 and lay on both sides of the river, it being one of the tracts granted under authority of the Crown...

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