Parrish v. Parrish
Supreme Court of Virginia
Error to judgment of the county court of Cumberland county, rendered on the 28th day of January, 1889, in a proceeding to assign dower to the appellant, Fannie J. Parrish, widow of Thomas J. Parrish, deceased. The proceeding was commenced by C. C. Parrish, on -whose motion commissioners were appointed to assign dower, who duly acted, and returned their report to the court.
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Error to judgment of the county court of Cumberland county, rendered on the 28th day of January, 1889, in a proceeding to assign dower to the appellant, Fannie J. Parrish, widow of Thomas J. Parrish, deceased. The proceeding was commenced by C. C. Parrish, on -whose motion commissioners were appointed to assign dower, who duly acted, and returned their report to the court. From this report it appears that there were a number of parcels of land owned by the deceased husband, or in which he had an interest, among them being a lot with certain buildings thereon, including the mansion house, at…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
1. There is no evidence tending to show that the assignment of dower, as respects the mansion-house, is not fair and proper, and in the absence of such evidence we must presume the action of the commissioners in that regard was rightly confirmed by the county court. The general rule at common law is that the assignment of dower must he by metes and bounds; but to this rule there are exceptions, one of which is that when the thing is entire, as a house, the assignment may be of so many rooms, and not a third part of it, in which case it is usually…
2Cited by5 opinions
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- Scott & Callaway v. Dixie Ins. Co.West Virginia Supreme Court · 1912
- Davis' Widow v. Davis' CreditorsSupreme Court of Virginia · 1874
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- Davis' Widow v. Davis' CreditorsSupreme Court of Virginia · 1874