Etheridge's Adm'r v. Parker & Wife
Supreme Court of Virginia
Appeal from decree of circuit court of Norfolk county, in suit of George D. Parker and Urbanna, Ms wife, against William Lamb, Frederick Wingfield, James J. Cole, Jolm 5. Stubbs, G. F. Edwards, and Theodore S. Garnett, Jr., administrator of Joseph H. Etheridge, deceased.
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Appeal from decree of circuit court of Norfolk county, in suit of George D. Parker and Urbanna, Ms wife, against William Lamb, Frederick Wingfield, James J. Cole, Jolm 5. Stubbs, G. F. Edwards, and Theodore S. Garnett, Jr., administrator of Joseph H. Etheridge, deceased. Object of bill was to enjoin sale of real estate held for Mrs. Parker’s separate use, with power in her-to dispose of it as if she were sole, and to cancel the debt, for which bonds and a deed of trust on said estate had been executed by Parker and wife, on three grounds—to wit: that the debt was usurious; that she had no…
1Opinion of the CourtBurks, J.
Though made a question by the pleadings in the court below, there cannot be a doubt here, either on principle or authority, that Mrs. Parker had full power to bind her separate estate by the bonds and deeds of trust executed by her. The deed of settlement under which she derives her estate gives her the absolute dominion of a feme sole over the property conveyed to her use. The draftsman of the instrument seeihs to have exerted himself, by the multiplication of terms and provisions, to enlarge her powers to the utmost and exclude every conceivable inference of intended restraint.
The questions…
2Cases cited2 opinions
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- Banner v. MayWashington Supreme Court · 1891
3Cited by4 opinions
- National Bank & Trust Company v. CastleSupreme Court of Virginia · 1955
- Stebbins & Lawson v. BruceSupreme Court of Virginia · 1885
- Selden v. WilliamsSupreme Court of Virginia · 1908
- Ragsdale v. HagySupreme Court of Virginia · 1852