Legal Opinion

Kelly v. Minor

Court of Appeals for the Fourth Circuit

Decided April 2, 1918No. Nos. 1579, 1580PublishedCited by 10 opinions

Petition to Superintend and Revise in Mattel’ of Raw Proceedings of, and Appeal from, the District Court of the United States for the Eastern District of Virginia, at Richmond, in Bankruptcy; Edmund Waddill, Jr., Judge. In the matter of the bankruptcy of Phil G. Kelly. Petition to superintend and revise, and appeal from an order, by Willamena A. Kelly.

1Opinion of the Court

KNAPP, Circuit Judge.

The court below, against the protest of the bankrupt’s wife, made an order for the sale of his real estate freed and discharged of her inchoate right' of dower, with a provision in substance that she should be paid from the proceeds such compensation as the court might thereafter determine to be just. By petition to superintend and revise, and also by appeal, she asserts the invalidity of the order. ,

[1, 2] The real estate in question is situated in Virginia, and the courts of that state appear to hold that the interest of a wife in the lands of her husband is-in the…

2Cases cited7 opinions

  1. Thomas v. WoodsCourt of Appeals for the Eighth Circuit · 1909
  2. Porter v. LazearSupreme Court of the United States · 1883
  3. Strayer v. LongSupreme Court of Virginia · 1890
  4. In re McKenzieCourt of Appeals for the Eighth Circuit · 1905
  5. Ficklin's Adm'r v. RixeySupreme Court of Virginia · 1893

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3Cited by10 opinions

  1. Foster v. ChristensenTexas Commission of Appeals · 1934
  2. In Re Patrick Glance, Debtor. Patrick Glance v. Krispen S. Carroll, TrusteeCourt of Appeals for the Sixth Circuit · 2007
  3. United States v. Certain Parcels of Land in City of AnnapolisDistrict Court, D. Maryland · 1942
  4. In re MacklemDistrict Court, D. Maryland · 1928
  5. Devers v. Chateau Corp.Court of Appeals for the Fourth Circuit · 1984

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