Davis v. Christian
Supreme Court of Virginia
At the time of the death of Josephus B. Colton, which happened between the 15th day of August 1829, the date of his will, and the 3d day of October 1831, when it was recorded, he and his brother in law Henry Clarke were, and for several years before had been, engaged in mercantile business in the city of Richmond, carried on in a house on E street, which had been bought with the funds and for the purposes of the partnership, and is the subject of controversy in this case.
Read the full summary
At the time of the death of Josephus B. Colton, which happened between the 15th day of August 1829, the date of his will, and the 3d day of October 1831, when it was recorded, he and his brother in law Henry Clarke were, and for several years before had been, engaged in mercantile business in the city of Richmond, carried on in a house on E street, which had been bought with the funds and for the purposes of the partnership, and is the subject of controversy in this case. The firm was chiefly engaged in the dry goods business. But it was also engaged in selling paper on commission, to'a large…
1Opinion of the CourtMoncurb, J.
Bet us first enquire, what interest the appellant Davis has in the tenement in controversy, regarding it as real estate, unaffected by any partnership, or by the power of sale contained in Josephus B. Colton’s will.
He is certainly entitled to the undivided moiety of Henry Clarke. He is also entitled to the interest of Abby Colton in the other moiety. By her will she empowered her executors to sell all her real estate and invest the proceeds of sale in other productive real estate, or in government stocks. The execution of this power devolved on Henry Clarke and William J. Clarke, her only…
2Cited by15 opinions
- Wilson v. SnowSupreme Court of the United States · 1913
- Jones' Ex'ors v. ClarkSupreme Court of Virginia · 1875
- Young v. Insurance Co.Tennessee Supreme Court · 1898
- Virginia Iron, Coal & Coke Co. v. RobertsSupreme Court of Virginia · 1905
- Zane v. SawtellWest Virginia Supreme Court · 1877
10 more not listed; retrieve them via the Exa API.