Legal Opinion

Chilton v. Hannah

Supreme Court of Virginia

Decided January 16, 1908Published

Appeal from a decree of the Circuit Court of Appomattox county. Decree for the complainants. Defendants appeal.

1Opinion of the CourtHarrison, J.

The record in this case shows that, in 1869, Chapman H. *662Chilton and Mary E. Elliott were married, and that in the same year they came into the possession of 32014 acres of land, which was the maiden land of the wife, having come to her under the will of her father, W. A. Elliott. The husband and wife are still living, and they have continuously occupied, used and enjoyed the property to the present time.

At common law, as soon as this property was turned over to Chilton and wife as the wife’s share of the real estate of her father, the husband became entitled to the rents, issues and profits…

2Cases cited6 opinions

  1. Hitz v. National Metropolitan BankSupreme Court of the United States · 1884
  2. Homestead CasesSupreme Court of Virginia · 1872
  3. McNeer v. McNeerIllinois Supreme Court · 1892
  4. Poindexter v. JeffriesSupreme Court of Virginia · 1859
  5. Muse v. FriedenwaldSupreme Court of Virginia · 1883

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