Grayson v. Moncure
Supreme Court of Virginia
Grayson and wife brought assumpsit against Moncure, in the circuit court of Stafford for money had and received by him to the use of the wife when sole. Moncure pleaded the general issue.
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Grayson and wife brought assumpsit against Moncure, in the circuit court of Stafford for money had and received by him to the use of the wife when sole. Moncure pleaded the general issue. The parties agreed the facts of the case: Mrs. Grayson’s first husband, Cary Selden, late of Stafford, died late in 1822, intestate, leaving an infant daughter (about a month old) his sole heir, and seized and possessed of a tract of 2123 acres of land, on which his dwelling or mansion house stood, and that tract of land was the plantation belonging to the mansion. Administration of Selden’s estate was…
1Opinion of the CourtCarr, J.
The general question, whether a widow is entitled to all the rents, issues and profits of the mansion house and plantation thereto belonging, from the death of her husband, until dower shall be assigned to her, is a very important one, and with us, so far as I can find, new. I should, therefore, if it were necessary to decide it in this cause, regret that we have but a bare court. But I do not think such necessity exists. The parties themselves have settled the matter; and upon principles which, under the peculiar circumstances of this case, seem so just, that I feel no disposition to disturb…
2Cited by6 opinions
- Simmons v. Lyle's adm'rSupreme Court of Virginia · 1880
- Holt v. HoltWest Virginia Supreme Court · 1924
- 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
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