Moorman v. Smoot
Supreme Court of Virginia
Jesse Kennedy, of the county of Amherst, died some time previous to 1806. He left a widow, Susanna, and nine children, two of them boys, Joseph and Jesse, and seven girls. One of these girls, Haney, married William Kelly, who died in the lifetime of his wife and her mother. Jesse Kennedy left a tract of land and a number of slaves; in which his widow had her dower and distributable part.
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Jesse Kennedy, of the county of Amherst, died some time previous to 1806. He left a widow, Susanna, and nine children, two of them boys, Joseph and Jesse, and seven girls. One of these girls, Haney, married William Kelly, who died in the lifetime of his wife and her mother. Jesse Kennedy left a tract of land and a number of slaves; in which his widow had her dower and distributable part. She seems to A have had an illegitimate son, Nicholas, after the death of Jesse Kennedy; and previous to 1806 she Thomas Alfred. She lived until the 10th of June 1857. By deed dated the 21st of June 1806,…
1Opinion of the CourtStaples, J.
The court is of opinion that the appellant and the •appellees were tenants in common of the slaves in controversy, the appellant being the owner of six interests in remainder, and the appellees of three interests in remainder, and the appellant being also entitled to an estate for the life of Mrs. Susanna Alfred in the same slaves. The sale of the woman Elizabeth, and her two children by the appellant, although intended to pass the fee, could only operate to confer such title as he himself had. It may be that the appellant made said sale in good faith, supposing his title to all the interests…
2Cases cited2 opinions
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- Christian v. EllisSupreme Court of Virginia · 1845
3Cited by7 opinions
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- Loving & Wife v. Ashlin's Adm'rSupreme Court of Virginia · 1882
- Brown v. Lambert's adm'rSupreme Court of Virginia · 1880
- Brown v. Lambert's Adm'rSupreme Court of Virginia · 1880
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