Heth v. Cocke & Wife
Supreme Court of Virginia
This was an appeal from the chancery court of Richmond. The case was this : William Ronald, in 1788, mortgaged to Mary Plum-stead, an undivided moiety of 99£ acres of land, lying in the county of Chesterfield, on which certain coal-pils called the ¿lack-heath coal-pits were situated. The mortgage was to secure the payment of 1090/. 10s. in two instalments.
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This was an appeal from the chancery court of Richmond. The case was this : William Ronald, in 1788, mortgaged to Mary Plum-stead, an undivided moiety of 99£ acres of land, lying in the county of Chesterfield, on which certain coal-pils called the ¿lack-heath coal-pits were situated. The mortgage was to secure the payment of 1090/. 10s. in two instalments. William Ronald died in 1793, intestate, leaving a widow and two infant children; and William Bentley became his administrator and the guardian of his children. Soon after the death of William Ronald, a suit was instituted by Samuel Swann,…
1Opinion of the Court
*346March 20.
Judge Coalter.*
This is the first case, that has come before this court under the act of assembly, entitling a widow to dower in a trust estate. It is of great importance, therefore, that, in the first decisions under it, the court should proceed with caution and circumspection.
I think that a fair and sound construction of the act will justify a claim to dower in the case of an equity of redemption in mortgages in fee by the husband, before marriage; which is the case now before the court; and I can at present see no reason why it should not also extend to cases of mortgages in fee…
2Cited by12 opinions
- Daniel v. LeitchSupreme Court of Virginia · 1856
- Fletcher v. HolmesIndiana Supreme Court · 1870
- M'Mahan v. KimballIndiana Supreme Court · 1832
- Hoy v. VarnerSupreme Court of Virginia · 1902
- James v. UptonSupreme Court of Virginia · 1898
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