Muller v. Bayly
Supreme Court of Virginia
This is an appeal from an order of a judge of a Circuit court in vacation, dissolving an injunction and dismissing a bill.
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This is an appeal from an order of a judge of a Circuit court in vacation, dissolving an injunction and dismissing a bill. The facts of the case, and the proceedings in it, so far as it seems to be material to state them, are as follows : By a deed of post nuptial settlement between Andrew Muller and Julia D., his wife, bearing date the 6th day of April 1860, and duly recorded, the said Andrew Muller, for the considerations therein expressed, conveyed to Lucy Giles, his said wife’s mother, certain real and personal estate therein mentioned, in trust for the separate use of the said Julia D.…
1Opinion of the Court
Moncure, P.,
delivered the opinion of the court.
After stating the case, he proceeded: The injunction *528in this case was improvidently granted,' and ought to ^ave beea dissolved on motion, even without answer or ^emurror- The hill made out no case for an injunction. The post nuptial deed of settlement iuvests the appelJulia D. Muller, with an absolute estate, in equity at least, in the property thereby conveyed to her sole and separate use; and so far from restricting the power of alienation, which is incident to such an estate, unless otherwise provided in the settlement, it expressly gives such…
2Cases cited2 opinions
- Beckley v. PalmerSupreme Court of Virginia · 1854
- Hough v. ShreeveSupreme Court of Virginia · 1815