1947

West v. Anderson

Supreme Court of Virginia

186 Va. 554, 42 S.E.2d 876

Commissioner sought to condemn .36 acre for road improvement. Landowner filed grounds of defense in which he stated that land taken was worth $2,000 and damage to the residue was $2,500. Commissioners heard case and awarded $2,757 for the take and $400 for the residue. Commissioner moved to reduce the award for the take by $757, down to the $2,000 the landowner claimed in his pleading and testimony. Trial court granted motion. Supreme Court affirmed. Landowner contended on appeal that sufficient evidence supported commissioners’ award. It is elementary that one cannot recover a greater amount than he sets out or claims. Whether his defense was a pleading or not, the doctrine of estoppel applied, and the landowner cannot recover a greater sum than the valuation he placed on the land actually taken.

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