Foxwell v. Craddock
Court of Appeals of Virginia
In 184S, Robert B. Craddock, John Ellett and Sarah Ann, his wife, (who was Sarah Ann Craddock,) and Ebenezer B. Stevens and Elizabeth, his wife, (who was Elizabeth Craddock,) instituted an action of ejectment against Francis Eoxwell and W. F. Carvedo, in the Circuit Court of the city of Richmond and count}' of Henrico; to recover from them a certain tenement in the city of Richmond, held bjr them as the tenants of one William Taylor.
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In 184S, Robert B. Craddock, John Ellett and Sarah Ann, his wife, (who was Sarah Ann Craddock,) and Ebenezer B. Stevens and Elizabeth, his wife, (who was Elizabeth Craddock,) instituted an action of ejectment against Francis Eoxwell and W. F. Carvedo, in the Circuit Court of the city of Richmond and count}' of Henrico; to recover from them a certain tenement in the city of Richmond, held bjr them as the tenants of one William Taylor. At the trial, the jury found a special *verdict, setting forth the facts, which were substantially as follows: In 1792, Charles Lewis, then the owner in fee of…
1Opinion of the Court
THOMPSON, J.,
delivered, verbally, the opinion of the court, affirming the decree. The views taken were substantially as follows :
It is very certain, upon the authorities cited by the counsel for the appellees, and upon others occurring to the court, that the alienage of John Hague did not incapacitate him from making a valid devise to a citizen, or person competent to take and hold real estate.
Upon the second point, the court is of opinion, that the rule in Shelley’s case is inapplicable to the devise; that John H. Craddock, therefore, took neither a fee simple absolute, nor an estate tail by…
2Cited by1 opinion
- Robinson v. RobinsonSupreme Court of Virginia · 1892