Briscoe v. Ashby

This is a supersedeas to a decree of the Circuit court of Culpeper county.

The record discloses the following facts, which are necessary to be stated in order to a proper application of the legal questions we are called upon to consider:

On the 4th day of November, in the year 1847, Marshall Ashby, cf the county of Fauquier, conveyed by deed, executed on that day, a certain tract of land lying in that county, containing three hundred and twenty-nine acres, to Wellington W. Cocke and Daniel F. Cocke, trustees, to be held by them for the use of the *456wife and children of the grantor. Under this…