Legal Opinion

Linkenhoker's Heirs v. Detrick

Supreme Court of Virginia

Decided September 24, 1885PublishedCited by 24 opinions

Appeal from decree of circuit court of Botetourt county, rendered 28th October, 1882, in the cause of J. 14. Linkenhoker’s administrator against J. B. Linkenhoker’s heirs and als. The object of the suit was to have an account of the assets and of the debts due from the decedent’s estate, and to settle the same in full.

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Appeal from decree of circuit court of Botetourt county, rendered 28th October, 1882, in the cause of J. 14. Linkenhoker’s administrator against J. B. Linkenhoker’s heirs and als. The object of the suit was to have an account of the assets and of the debts due from the decedent’s estate, and to settle the same in full. J. B. Linkenhoker had filed and recorded his deed setting apart a tract of land and other property as his homestead exemption in 1871. After that he had executed his bonds to L. F. Detrick and others, waving his homestead as to the same. Without subjecting this homestead the…

1Opinion of the CourtHinton, J.

By deed dated December 11,1871, and duly recorded, James R. Linkenhoker, of the county of Botetourt, declared his intention to set apart and hold as a homestead for the benefit of himself and family, under the provisions of the constitution and laws of this State, certain real estate situated in said county, of the value of $1,700, and certain personal property of value sufficient to make the realty and personalty amount to $2,000.

In the years 1879, 1880 and 1881 Linkenhoker contracted several debts to L. F. Detrick, John S. Reese & Co., and others, by bond or note, wherein he waived the…

2Cases cited1 opinion

  1. White v. OwenSupreme Court of Virginia · 1878

3Cited by24 opinions

  1. Dickens v. Snellings (In Re Snellings)United States Bankruptcy Court, W.D. Virginia · 1981
  2. In Re HayesUnited States Bankruptcy Court, E.D. Virginia · 1990
  3. In Re LammDistrict Court, E.D. Virginia · 1984
  4. Osborne v. Dominion Bank, N.A. (In Re Osborne)United States Bankruptcy Court, W.D. Virginia · 1993
  5. Martin v. AVCO Financial Services (In Re Martin)United States Bankruptcy Court, W.D. Virginia · 1993

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