Barker v. Jenkins
Supreme Court of Virginia
Appeal from decree of circuit court of Hanover county, rendered October 27tk, 1885, in the cause wherein Benjamin Barker and Araminta E. Barker, his wife, (the appellant), were complainants, and John Jenkins and Harriet Jenkins, (the appellee), were defendants. The object of the suit was to partition the real estate of the intestate, W. B. Jenkins, between his two heirs, the female complainant and the male defendant, and to assign dower to his widow, Harriet Jenkins.
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Appeal from decree of circuit court of Hanover county, rendered October 27tk, 1885, in the cause wherein Benjamin Barker and Araminta E. Barker, his wife, (the appellant), were complainants, and John Jenkins and Harriet Jenkins, (the appellee), were defendants. The object of the suit was to partition the real estate of the intestate, W. B. Jenkins, between his two heirs, the female complainant and the male defendant, and to assign dower to his widow, Harriet Jenkins. The latter in her answer claimed a homestead for her life in the said real estate, it having been set apart as his homestead by…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
The principal question in this case is, whether a widow can hold, as against the heirs at law, there being no creditors, a homestead set apart by her husband in his lifetime. The, decedent died, intestate, seized and possessed of two small tracts of land, and leaving two adult children as his heirs at law. The bill was filed by one of the heirs for a partition of the real estate, and to the bill the widow and the other heir were made defendants. The latter in his answer avers that there are debts of the estate still unpaid, amounting in the…
2Cases cited6 opinions
- Rawlings' Ex'or v. RawlingsSupreme Court of Virginia · 1880
- Ryan's adm'r v. McLeodSupreme Court of Virginia · 1879
- Harvey v. BransonSupreme Court of Virginia · 1829
- Pipes v. GarrettSupreme Court of Louisiana · 1841
- Pannill v. ColesSupreme Court of Virginia · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Welsh v. SolenbergerSupreme Court of Virginia · 1888
- Sims v. SimsSupreme Court of Virginia · 1897
- Evans v. SpurginSupreme Court of Virginia · 1854
- Murphy v. City of RichmondSupreme Court of Virginia · 1910
4 more not listed; retrieve them via the Exa API.