Poindexter v. Jeffries
Supreme Court of Virginia
In 1851 John Bowyer of the county of Rockbridge died intestate, leaving a large real and personal estate, and a widow and eight children. One of his children was Frances H. the wife of George B. Poindexter.
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In 1851 John Bowyer of the county of Rockbridge died intestate, leaving a large real and personal estate, and a widow and eight children. One of his children was Frances H. the wife of George B. Poindexter. By deed dated the 29th of December 1851, and duly ** recorded on the 8th of January thereafter, Poindexter conveyed his interest in his wife’s undivided portion 0f f]le reai estate of her father as one of his heirs, to Fielding B. Lewis her son by a former marriage, in consideration of a decree of said Lewis against said Poindexter for the sum of eight hundred and eight dollars and…
1Opinion of the CourtMoncure, J.
This case involves the doctrine of what is familiarly called “the wife’s equity;” the origin and foundation of which are involved in much doubt, but which has been long and firmly established in England; 2 Story’s Eq. § 1402, 1407, &c.; and though but recently recognized in this state, is now well established here also. Gregory’s adm’r v. Mark’s adm’r, 1 Rand. 355; Gallego v. Gallego’s ex'or, 2 Brock. R. 285; Browning v. Headley, 2 Rob. R. 340; Dold’s trustee v. Geiger’s adm’r, 2 Gratt. 98; James, &c. v. Gibbs, &c. 1 Pat. & Heath 277. I will not attempt to *369investigate it fully, but will state…
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