unfounded claim (Virginia) · Go Syfert
← Virginia issues

unfounded claim in Virginia

7 Virginia opinions name it 4 courts 1925–2025 2 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Wessel, Duval & Co. v. Winborne & Co.green
cadc · 1919 · cited in 5 Virginia opinions naming this issue, 1989–2025
2 sentences

2025The voluntary-payment doctrine is well-established in Virginia: Where a person with full knowledge of the facts voluntarily pays a demand unjustly made upon him, though attempted or threatened to be enforced by proceedings, it will not be considered as paid by compulsion, and the party thus paying is not entitled to recover back the money paid, though he may have protested against the unfounded claim at the time of payment made. - 15 - Williams v. Consolvo, 237 Va. 608, 613 (1989) (emphasis omitted) (quoting Wessel, Duval & Co. v. Winborne & Co., 125 Va. 502, 510 (1919)).

2025The voluntary-payment doctrine is well-established in Virginia: Where a person with full knowledge of the facts voluntarily pays a demand unjustly made upon him, though attempted or threatened to be enforced by proceedings, it will not be considered as paid by compulsion, and the party thus paying is not entitled to recover back the money paid, though he may have protested against the unfounded claim at the time of payment made. - 15 - Williams v. Consolvo, 237 Va. 608, 613 (1989) (emphasis omitted) (quoting Wessel, Duval & Co. v. Winborne & Co., 125 Va. 502, 510 (1919)).

45
Williams v. Consolvogreen
va · 1989 · cited in 3 Virginia opinions naming this issue, 2004–2025
2 sentences

2025The voluntary-payment doctrine is well-established in Virginia: Where a person with full knowledge of the facts voluntarily pays a demand unjustly made upon him, though attempted or threatened to be enforced by proceedings, it will not be considered as paid by compulsion, and the party thus paying is not entitled to recover back the money paid, though he may have protested against the unfounded claim at the time of payment made. - 15 - Williams v. Consolvo, 237 Va. 608, 613 (1989) (emphasis omitted) (quoting Wessel, Duval & Co. v. Winborne & Co., 125 Va. 502, 510 (1919)).

2025The voluntary-payment doctrine is well-established in Virginia: Where a person with full knowledge of the facts voluntarily pays a demand unjustly made upon him, though attempted or threatened to be enforced by proceedings, it will not be considered as paid by compulsion, and the party thus paying is not entitled to recover back the money paid, though he may have protested against the unfounded claim at the time of payment made. - 15 - Williams v. Consolvo, 237 Va. 608, 613 (1989) (emphasis omitted) (quoting Wessel, Duval & Co. v. Winborne & Co., 125 Va. 502, 510 (1919)).

23
TXO Production Corp. v. Alliance Resources Corp.green
wva · 1992 · cited in 1 Virginia opinions naming this issue, 2011–2011
1 sentence

2011Va. 457 , 419 S.E.2d 870, 877 (1992) (attorneys’ fees were “special damages” where company wrongfully recorded an unfounded claim to property for use as “leverage for increasing its interest in the [property’s] oil and gas rights”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Holland v. Challen green
scotus · 1884
2 sentences

1925Bailey is asserting “an unfounded claim of title, based (hardly) upon a semblance of a paper title” (Holland v. Challen, 110 U. S. 151 , 3 S. Ct. 495 , 28 L.

1925Bailey is asserting “an unfounded claim of title, based (hardly) upon a semblance of a paper title” (Holland v. Challen, 110 U. S. 151 , 3 S. Ct. 495 , 28 L.

11925–1925
Hart v. Sansom green
scotus · 1884
1 sentence

1925Bailey is asserting “an unfounded claim of title, based (hardly) upon a semblance of a paper title” (Holland v. Challen, 110 U. S. 151 , 3 S. Ct. 495 , 28 L.

11925–1925

Where else courts name it

NC 47 (1978–2026) NY 15 (1843–2012) OH 14 (2000–2024) IL 13 (1888–2023) CA 11 (1890–2016) NM 11 (1969–2024) MD 10 (1871–2016) MO 9 (1956–2021) VA 7 (1925–2025) MI 6 (1881–2025) CO 5 (1994–2025) SC 5 (1995–2018) PA 4 (1877–2019) GA 3 (1947–1991) IN 3 (1899–2001) AZ 3 (1967–1971) AL 3 (1886–1982) IA 3 (1908–1996) OK 2 (1976–2018) TN 2 (1860–1860) OR 2 (1896–1960) KY 2 (1877–1914) KS 2 (1922–2021) WV 2 (1892–1946)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check