McDaniel v. Baskervill
Supreme Court of Virginia
In March 1850 Daniel W. McDaniel filed his bill in the Circuit court of Mecklenburg, in which he stated, that in the year 1843 a suit was instituted in the same court in the name of himself and his wife Diannah, the latter by her next friend, against Alexander Dortch and William Baskervill,- the object of which was to recover of Dortch the hires of a negro boy named Asa, and to recover of Baskervill the boy Asa, and also his hires for the time Baskervill had him.
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In March 1850 Daniel W. McDaniel filed his bill in the Circuit court of Mecklenburg, in which he stated, that in the year 1843 a suit was instituted in the same court in the name of himself and his wife Diannah, the latter by her next friend, against Alexander Dortch and William Baskervill,- the object of which was to recover of Dortch the hires of a negro boy named Asa, and to recover of Baskervill the boy Asa, and also his hires for the time Baskervill had him. That Diannah McDaniel had, with his consent, previous to their marriage, executed a deed by which she conveyed to said Dortch the…
1Opinion of the CourtDaniel, J.
It seems to the court, that as by the terms of the *233deed of marriage settlement of the 9th of November 1831, it is made the duty of the trustee Dortch, in case of the death of Mrs. McDaniel occurring before that of the appellant, to pay and deliver over all of the property in said deed embraced, according to her last will and testament; and as by her last will and testament she has bequeathed to the appellant the negro man Asa and all the other property to which she was entitled, it was competent for the appellant, upon the state of facts alleged in his bill, to have brought a new and…
2Cited by2 opinions
- Simon v. EllisonSupreme Court of Virginia · 1893
- Reid v. Stuart's Ex'orWest Virginia Supreme Court · 1882