Harrison's ex'ors v. Payne
Supreme Court of Virginia
This was an appeal from a decree of the circuit court of Madison county, made ou the 3d of April, 1874, in two causes pending in said court, brought by John Harrison’s executors and other lien creditors of Jackson & Crisler, and Jackson, Crisler & Co., to subject the property of the partners to the payment of their debts. The only question in this court referred to the dower interest of Mrs. Cordelia Jackson, the widow of Thomas E. Jackson, deceased.
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This was an appeal from a decree of the circuit court of Madison county, made ou the 3d of April, 1874, in two causes pending in said court, brought by John Harrison’s executors and other lien creditors of Jackson & Crisler, and Jackson, Crisler & Co., to subject the property of the partners to the payment of their debts. The only question in this court referred to the dower interest of Mrs. Cordelia Jackson, the widow of Thomas E. Jackson, deceased. The commissioners reported that the dower of the widow could not be laid off in kind, and Commissioner Humphreys reported that the value of the…
1Opinion of the Court
Moncure, P.,
delivered the opinion of the court.
The question presented for the decision of the court in this case is, whether, where, in a suit in equity for an assignment of dower, it cannot be assigned in kind, and a sale of the subject in which the claim to dower exists is necessary in order to satisfy the claim out of the proceeds of the sale, such claim is to be satisfied by the payment of .•a gross sum, ascertained to be the value of said claim, or, by securely investing in a loan, at legal interest, one-third •of the amount of the proceeds of sale of the said subject, ■and by paying to…
2Cases cited3 opinions
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- Blair v. ThompsonSupreme Court of Virginia · 1854
- White v. WhiteSupreme Court of Virginia · 1861
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- Walker's Ex'or v. PageSupreme Court of Virginia · 1872
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