Braxton v. Coleman
Court of Appeals of Virginia
Carter Braxton during his marriage, sold a mill with fifty acres of land attached to it. The mill was subsequently carried away by a freshet, as was another which was afterwards built upon the same site. A third mill, upon a more extensive plan, was then built by the purchaser. After the death of Braxton, his widow claimed dower in the mill; but *the chancellor being of opinion that she was not entitled to it, she appealed to the court of appeals.
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Carter Braxton during his marriage, sold a mill with fifty acres of land attached to it. The mill was subsequently carried away by a freshet, as was another which was afterwards built upon the same site. A third mill, upon a more extensive plan, was then built by the purchaser. After the death of Braxton, his widow claimed dower in the mill; but *the chancellor being of opinion that she was not entitled to it, she appealed to the court of appeals. The widow was entitled to dower in the mill. Baron & Ferae, 90, 92; Co. Litt. 31.
1Opinion of the Court
PER CUR.
The court is of opinion, that the appellant is not entitled to dower in the mill, which was built by the purchaser subsequent to the date of his purchase; but that she is entitled to be endowed of the site of the mill, and the fifty acres of land thereto attached, in possession of the ap-pellee, estimated by the commissioners appointed in this cause, to be of the value of fifteen dollars per annum, Iiarg. Co. Eitt. 32, note 8; Perk. sect. 328; 2 Bac. Ab. 368; and, therefore, the appellee is to be decreed to pay to the appellant five dollars per an-num, beginning from the commencement…
2Cited by4 opinions
- Hall's Administrator v. WhiteSupreme Court of Virginia · 1913
- Davis' Widow v. Davis' CreditorsSupreme Court of Virginia · 1874
- Davis' Widow v. Davis' CreditorsSupreme Court of Virginia · 1874
- Davis' Widow v. Davis' CreditorsSupreme Court of Virginia · 1874