Carpenter v. Garrett
Supreme Court of Virginia
This was a suit in equity in the circuit court of Loudoun county, brought by Marshall W. Carpenter against J. F. Garrett and others to recover an interest in a tract of land which belonged to Silas Garrett, deceased, at his death. The plaintiff married Huldah, one of the daughters of Silas Garrett, who, after giving birth to two living children, departed this life; and he claimed to be entitled as tenant by the courtesy in his late wife's share in the land.
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This was a suit in equity in the circuit court of Loudoun county, brought by Marshall W. Carpenter against J. F. Garrett and others to recover an interest in a tract of land which belonged to Silas Garrett, deceased, at his death. The plaintiff married Huldah, one of the daughters of Silas Garrett, who, after giving birth to two living children, departed this life; and he claimed to be entitled as tenant by the courtesy in his late wife's share in the land. The court dismissed the bill, and the plaintiff obtained an appeal to this court. The case is stated by Judge Christian, in his opinion.
1Opinion of the CourtChristian, J.
This case is before us on appeal from a decree of the circuit court of Loudoun county.
The record presents for our decision a single question, and that is purely a question of law arising upon the following conceded facts:
Silas Garrett died intestate in April, 1845, seized in fee of certain tracts of land in the county of Loudoun. The matter of controversy in this cause relates to only one of said tracts, that known as the “ Home Place,'' on which the decedent resided at the time of his death, and containing at the time when the supposed rights of the appellant are alleged to have accrued,…
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