Cook v. Daugherty
Supreme Court of Virginia
Appeal from a decree of tie Circuit Oourt of Smyti county, pronounced March 16, 1901, in a suit in chancery, wherein the appellant was the complainant, and the appellees were the defendants. One of the chief defences set up "by the defendants was that the judgment set forth in the bill was ag'ainst husband and wife, and that they had filed a joint homestead deed, which exempted the property sought to be subjected from liability for the judgment.
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Appeal from a decree of tie Circuit Oourt of Smyti county, pronounced March 16, 1901, in a suit in chancery, wherein the appellant was the complainant, and the appellees were the defendants. One of the chief defences set up "by the defendants was that the judgment set forth in the bill was ag'ainst husband and wife, and that they had filed a joint homestead deed, which exempted the property sought to be subjected from liability for the judgment. The real estate sought to be subjected was the property of the wife, and the complainant insisted that a married woman could not claim the homestead…
1Opinion of the CourtWhittle, J.
This was a suit in equity in the Circuit Court of Smyth county, *592brought by the appellant against the appellee to subject real estate to the satisfaction of a judgment for less than $500.
The property was claimed as a homestead exemption, and from a decree denying its liability to plaintiff’s judgment and dismissing the bill, an appeal was allowed by one of the judges of this coiirt.
While the jurisdiction of this court is defined by Article VI., section 2, of the Constitution, the provision does not • proprio vigore, confer jurisdiction; but the court exercises its jurisdiction, within the…
2Cases cited13 opinions
- Fink, Brother & Co. v. DennySupreme Court of Virginia · 1881
- Gilman v. RyanSupreme Court of Virginia · 1898
- Umbarger v. WattsSupreme Court of Virginia · 1874
- Florance v. MorienSupreme Court of Virginia · 1900
- Price v. SmithSupreme Court of Virginia · 1896
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Steinman v. Clinchfield Coal Corp.Court of Appeals of Virginia · 1917
- Dickinson v. MankinWest Virginia Supreme Court · 1906
- Jones v. Buckingham Slate Co.Supreme Court of Virginia · 1914
- Valley Turnpike Co. v. MooreSupreme Court of Virginia · 1902
- Thomas v. State Highway CommissionerSupreme Court of Virginia · 1936
6 more not listed; retrieve them via the Exa API.