Duke v. Hopper

NEARN, Judge.

This is a case where the grantees in a deed took title as husband and wife, but in fact were not lawfully married at the time of the execution and delivery of the deed. While so holding title and without ever having married, one of the grantees died. Subsequently, the surviving grantee conveyed as the “widow” to a third party purchaser for value. This suit is over the title to the land and is between the subsequent purchaser and “widow” on one side, and the mother and heirs of the deceased grantee on the other. The Chancellor, sitting without a jury, held for the mother and heirs…