KITT v. CROSBY

Record No. 081064.

672 S.E.2d 851 (2009)

Preston W. KITT, et al. v. Howard Keith CROSBY, et al.

Supreme Court of Virginia.

February 27, 2009.


Attorney(s) appearing for the Case

Betty K. Cauley, on briefs, for appellants.

Michael McHale Collins (Jeanne M. Hepler; Collins & Hepler, on brief), for appellee Howard Keith Crosby.

No brief filed by appellees Ellen Louise Campbell Fridley, et al.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, GOODWYN, and MILLETTE, JJ., and LACY, S.J.


OPINION BY Senior Justice ELIZABETH B. LACY.

Preston W. Kitt and other heirs of Henry Kitt (collectively "Kitt") appeal from an adverse judgment in an ejectment action instituted against Howard K. Crosby. Kitt first asserts that the trial court should have ruled, as a matter of law, that Kitt owned the disputed property based on a 1944 deed of conveyance and should not have submitted the issue to the jury. Kitt also assigns error to two evidentiary rulings made by...

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