Appeals Granted

Case

H. CURTISS MARTIN and VIRGINIA DREWRY v. JAMES GARNER and CHRISTINE GARNER
(Record Number 121540)

From

The Circuit Court of the City of Alexandria, J. Howe Brown, Judge.

Counsel

Peter A. Dingman and Anne M. Heishman (Dingman Labowitz, P.C.) for appellants.

Michael J. Coughlin (Walsh, Colucci, Lubeley, Emrich & Walsh, P.C.) for appellees.

Assignments of Error

1. The trial court erred in ruling that two deeds recorded in 1794 established a parcel of real estate that was not altered by subsequent transactions.
2. The trial court erred in disregarding the merger in George Markell, Sr., of the entire fee underlying the historic "Gilpin Alley," a portion of the longer present day private alley, incident to his acquisition of all adjacent fee interests.
3. The trial court erred in ruling that a deed granting property running "sixteen feet to an alley" instead conveyed property running twenty feet to the center of the alley.
4. The trial court erred in declining to rule on a cross-claim and counterclaim for declaratory judgment on the ground that "there is no controversy here," where cross claim and counterclaim defendants (including Garners) had filed answers denying Martin & Drewry's claims.

Date Granted

  12-13-2012