Custis v. Snead
Supreme Court of Virginia
This was a bill filed in November 1842 in the County court of Accomack, by Lewis J. Snead and Thomas Custis, for partition of a tract of land descended to the children and heirs of Malinda Custis, of whom Thomas -Custis was one, and had sold his share to Snead. It also prayed partition of a tract of land and slaves descended to the children and heirs of William Custis of Henry. William Custis was the husband of Malinda, and their children were the heirs of both.
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This was a bill filed in November 1842 in the County court of Accomack, by Lewis J. Snead and Thomas Custis, for partition of a tract of land descended to the children and heirs of Malinda Custis, of whom Thomas -Custis was one, and had sold his share to Snead. It also prayed partition of a tract of land and slaves descended to the children and heirs of William Custis of Henry. William Custis was the husband of Malinda, and their children were the heirs of both. After their death one of these children died an infant, intestate and unmarried, and his interest in both estates descended to the…
1Opinion of the Court
Allen, P.
delivered the opinion of the court:
The court is of opinion, that as in a proceeding at law by writ of partition, it is the regular course to assign to each parcener his part in severalty; Litt. § 276, Coke 179 b; from analogy thereto, the same *263course should, as a general rule, be observed where the proceeding is by bill in chancery. That such partition of the whole subject is more likely to be equal and just than where a partial partition is made, as the commissioners will have an accurate view of the whole subject, and by dividing it into different parts, will be furnished with the…
2Cited by3 opinions
- Roberts v. ColemanWest Virginia Supreme Court · 1892
- Ogle v. StateMississippi Supreme Court · 1872
- Beckham v. DuncanSupreme Court of Virginia · 1888