Dabney v. Kennedy
Supreme Court of Virginia
A marriage being about to occur between John H. Lee and Elizabeth Prosser, and she being eatitled to a considerable estate, real and personal, by bequest from her father, the parties entered into articles under seal, bearing date the 5th day of December 1825, by which it was agreed between them, that all the estate, real and personal, to which the said Elizabeth was entitled should be secured to and settled upon her and her heirs.
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A marriage being about to occur between John H. Lee and Elizabeth Prosser, and she being eatitled to a considerable estate, real and personal, by bequest from her father, the parties entered into articles under seal, bearing date the 5th day of December 1825, by which it was agreed between them, that all the estate, real and personal, to which the said Elizabeth was entitled should be secured to and settled upon her and her heirs. And Lee covenanted that all the said estate should remain in the possession of the said Elizabeth during the continuance of the intended marriage : and the annual…
1Opinion of the Court · MoncureMoncure, J.
I feel myself compelled to dissent from the opinion of a majority of the Court in this case. The marriage agreement made between John H. Lee and Elizabeth his wife, on the 5th day of December 1825, not having been recorded, was, according to the decision of this Court in the case of Thomas v. Gaines, 1 Gratt. 347, void as to his creditors. Does it derive any validity as against those creditors, from the decree of the Richmond Chancery court of the 4th of February 1826 ? Or does that decree, proprio vigore, make the claims of those who claim under the agreement, paramount to the claims of the…
Also in this document: Opinion of the Court · Allen.
2Cases cited2 opinions
- Boyd v. StainbackSupreme Court of Virginia · 1817
- Thomas v. GainesSupreme Court of Virginia · 1845