Wheatley's heirs v. Calhoun
Supreme Court of Virginia
Upon a bill in chancery, exhibited in the circuit superior court of Spotsylvania, by Mary Ann Calhoun, widow of John Calhoun deceased, against James Whealley’s heirs, claiming dower of real estate in Culpeper then held by them, the state of the case, collected from the pleadings and proofs, was as follows— By articles between James Wheatley and John Calhoun, dated the 19th October 1822, it was agreed, that the parties should purchase jointly a parcel of about 557 acres of…
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Upon a bill in chancery, exhibited in the circuit superior court of Spotsylvania, by Mary Ann Calhoun, widow of John Calhoun deceased, against James Whealley’s heirs, claiming dower of real estate in Culpeper then held by them, the state of the case, collected from the pleadings and proofs, was as follows— By articles between James Wheatley and John Calhoun, dated the 19th October 1822, it was agreed, that the parties should purchase jointly a parcel of about 557 acres of land; that, when the purchase should he made, the land should he divided by a designated line, so as to give Wheatley…
1Opinion of the Court
Tucker, P.
This cause has been argued with very great ability by the counsel on both sides, and the court is much indebted to them for the light which has been shed upon the various points in the case.. The appellee’s claim of dower in the Neiu Mills Sfc. is contested, first, because, as is alleged, the property was purchased, held, used and paid for, as partnership property; and therefore was chargeable with partnership liabilities, and properly to be regarded as personal estate, not liable to any dower right of Calhoun’s widow. Whatever doubts may have heretofore existed, as to the light in…
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