Deloney v. Hutcheson
Supreme Court of Virginia
This was an appeal from the Richmond Chancery Court. Deloney and Ferrell, entered into a mercantile partnership; and purchased together a small tract of land in Mecklenburg county, on which their store was kept. Some years afterwards, Ferrell died, intestate, leaving a widow and four' children; and Deloney became administrator on his estate.
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This was an appeal from the Richmond Chancery Court. Deloney and Ferrell, entered into a mercantile partnership; and purchased together a small tract of land in Mecklenburg county, on which their store was kept. Some years afterwards, Ferrell died, intestate, leaving a widow and four' children; and Deloney became administrator on his estate. The widow of Ferrell, the four children, by their mother, as their guardian, and Deloney, united in petitioning Mecklenburg Court, to have one m°iety °f the land aforesaid sold; as the land, when divided among the representatives and heirs of Ferrell,…
1Opinion of the Court
The Judges delivered their opinions.*
Judge Green.
In England, when partners purchase an estate jointly for the purposes of their trade, although at law, upon the death of one, the estate survives to the other; yet, in equity, it is considered as an estate in common. If the representatives of .the deceased partner claim this equity, they must submit to the rule, that he who will have equity must do equity, and pay to the surviving partner whatever may be due to him on their partnership transactions. In Virginia, the jus accrescendi is abolished, and the representatives of a deceased partner,…
2Cases cited1 opinion
- Miller's executors v. RiceSupreme Court of Virginia · 1823