James v. M'Williams
Supreme Court of Virginia
In an action of Detinue, in the Superior Court of Matthews County, brought by George M’Williams, and Nancy his wife against Thomas James for a slave, the Jury found a verdict for the plaintiffs, subject to the *opinion of the Court upon a case agreed between the parties, in the following words: — “The parties agree that the negro in the declaration mentioned is in the possession of the defendant, being part of the estate devised to Mary Dyell, and subject to this clause in…
Read the full summary
In an action of Detinue, in the Superior Court of Matthews County, brought by George M’Williams, and Nancy his wife against Thomas James for a slave, the Jury found a verdict for the plaintiffs, subject to the *opinion of the Court upon a case agreed between the parties, in the following words: — “The parties agree that the negro in the declaration mentioned is in the possession of the defendant, being part of the estate devised to Mary Dyell, and subject to this clause in her father’s Will: — “It’s my Will, should my daughter Mary Dyell die without lawful issue, that her part to go to Nancy…
1Opinion of the Court
The cause being submitted without argu-meat,
JUDGE ROANE
pronounced the opinion of this Court, as follows:
On the merits, as they now appear, the Court has no doubt but that the limitation over to the female appellee is good, in the event of Mary Dyell dying without lawful issue, according to several decisions in this Court: — but this fact is not agreed in the case. It is only agreed that she died “without leaving any children living at the time of her death,’’ which admits the possible existence of issue of the said Mary Dyell. For this defect in the case, and also because the whole Will of…
2Cases cited12 opinions
- Wickham & Goshorn v. Lewis Martin & Co.Supreme Court of Virginia · 1856
- Hodge's Ex'or v. First Nat. BankSupreme Court of Virginia · 1872
- Sawyer v. CorseSupreme Court of Virginia · 1867
- Baltimore & Ohio Railroad v. FaulknerWest Virginia Supreme Court · 1870
- Dearing's Adm'x v. RuckerSupreme Court of Virginia · 1868
7 more not listed; retrieve them via the Exa API.