Wimer v. Wimer
Supreme Court of Virginia
Appeal from decree of circuit court of Highland county, rendered 28th of April, 1885, in the cause of Emanuel Wimer and others against Jacob Wimer and Margaret his wife. The jurppseAiL-this--siiit was to have partition of the lands whereof George Wimer, of Philip, died seized in fee, among the several parties then owning it as tenants in common.
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Appeal from decree of circuit court of Highland county, rendered 28th of April, 1885, in the cause of Emanuel Wimer and others against Jacob Wimer and Margaret his wife. The jurppseAiL-this--siiit was to have partition of the lands whereof George Wimer, of Philip, died seized in fee, among the several parties then owning it as tenants in common. These lands consisted of several adjoining tracts, to wit: Three hundred and twelve acres, nine acres and one hundred and five acres, situated on Dry Hun, partly in said county and partly in Pendleton county, in West Virginia. Defendants demurred to…
1Opinion of the CourtHinton, J.
The question in this case is one of importance, but of little intrinsic difficulty. It is this: Has a court in Virginia, when the defendants have appeared and answered, jurisdiction to partition lands, the maior part of which lies within another State?
Now, it is a fundamental maxim of international jurisprudence that every State or nation possesses an exclusive sovereignty and jurisdiction within its own territory, and the “direct consequence of this j;ule is,” says a learned author, “that the laws of every State affect and bind directly all property, whether real or personal, within its…
2Cited by21 opinions
- Webb v. RitterWest Virginia Supreme Court · 1906
- Holt v. GuerguinTexas Supreme Court · 1914
- Mills v. MillsCalifornia Court of Appeal · 1956
- Smith v. DavisCalifornia Supreme Court · 1891
- Henkel v. HenkelMichigan Supreme Court · 1937
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