Simmons v. Lyle's adm'r
Supreme Court of Virginia
This is the sequel of the case of Simmons v. Lyles & als., 27 Gratt. 922. After the cause was returned to the circuit court of the town of Danville, there was a decree directing a commissioner to take, among other accounts, an account of the debts against the estate of William T. Simmons, deceased, whether by judgment or otherwise, with the order of their priority.
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This is the sequel of the case of Simmons v. Lyles & als., 27 Gratt. 922. After the cause was returned to the circuit court of the town of Danville, there was a decree directing a commissioner to take, among other accounts, an account of the debts against the estate of William T. Simmons, deceased, whether by judgment or otherwise, with the order of their priority. And commissioners were appointed to ascertain whether the lands were susceptible of division in kind, or whether it was practicable to assign to the widow of said Simmons her dower in kind, and they reported that it was impossible…
1Opinion of the CourtStaples, J.
This is a controversy between the appellant, the widow of William T. Simmons, on the one hand, and the judg= ment creditors of said Simmons. on the other. The appellant has been in possession, with her infant children, of the mansion house of the deceased husband since his death, without having dower assigned to her. During that time she has paid the taxes annually chargeable upon the property, and she now claims the right to be subrogated to the lien of the commonwealth, and to have the amount so paid refunded to her out of the property. This claim is resisted by the creditors on various…
2Cases cited1 opinion
- Grayson v. MoncureSupreme Court of Virginia · 1829
3Cited by14 opinions
- Stevenson v. HenkleSupreme Court of Virginia · 1902
- Thomas v. JonesSupreme Court of Virginia · 1897
- Dillard's Adm'r v. DillardSupreme Court of Virginia · 1883
- Commonwealth v. Ashlin's Adm'rSupreme Court of Virginia · 1897
- Amiss v. HiteshewWest Virginia Supreme Court · 1929
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