Pennybacker v. Switzer
Supreme Court of Virginia
This was a suit in equity in the circuit court of Rocking-ham county, brought in 1868, by J. Edmund Pennybacker against D. Morgan Switzer, Joseph S. Pennybacker, Sr., and Sarah A. Pennybacker, claiming that the said J. Edmund Pennybacker is entitled in fee simple, subject to the dower right of his mother, the said Sarah A. Pennybacker, to one-third of a lot, about one-third of an acre, with a stone dwelling-house, a frame office and other buildings thereon, in the town of…
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This was a suit in equity in the circuit court of Rocking-ham county, brought in 1868, by J. Edmund Pennybacker against D. Morgan Switzer, Joseph S. Pennybacker, Sr., and Sarah A. Pennybacker, claiming that the said J. Edmund Pennybacker is entitled in fee simple, subject to the dower right of his mother, the said Sarah A. Pennybacker, to one-third of a lot, about one-third of an acre, with a stone dwelling-house, a frame office and other buildings thereon, in the town of Harrisonburg, in said county of Rockingham, in the occupancy of said Switzer. The plaintiff alleges in his bill that Isaac…
1Opinion of the CourtStaples, J.
Prior to the revised statutes of 1849 and 50 the county courts were clothed with authority to decree the sale of infants’ land upon the application of the guardian, either where it was made to appear that the interest of the infant would be promoted by a sale and the investment of the proceeds, or where it was shown in such suit it would be for the interest of the infant to have the land sold and the proceeds applied to the ancestor’s debts in order that the slaves might be exempt from such liability. (Sup. to E. C., ch. 166, p. 223-4).
The records of the present suit were destroyed by the…
2Cases cited6 opinions
- Thompson v. TolmieSupreme Court of the United States · 1829
- Harvey v. TylerSupreme Court of the United States · 1865
- Cornett v. WilliamsSupreme Court of the United States · 1874
- Ballard v. Thomas & AmmonSupreme Court of Virginia · 1868
- Zirkle v. McCueSupreme Court of Virginia · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Chesapeake & Western Railroad v. Washington, Cincinnati & St. Louis Railway Co.Supreme Court of Virginia · 1901
- Turner v. BarraudSupreme Court of Virginia · 1904
- Caperton v. GregorySupreme Court of Virginia · 1854
- Wimbish v. BreedenSupreme Court of Virginia · 1883
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