Hurt v. Jones
Supreme Court of Virginia
Tils was a suit in equity in the circuit court of tiie county of Pittsylvania, brought in August, 1876, by John E. Jones and. Lucy 0., Ms wife, against JolmL. Hurt. The bill charges that on the 24th of September, 1872, Mrs. Nannie C. Hurt, the wife of John L. Hurt and sister of the plaintiff, departed this life without heirs of her body, leaving the said Lucy C. Jones her sole surviving heir at law.
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Tils was a suit in equity in the circuit court of tiie county of Pittsylvania, brought in August, 1876, by John E. Jones and. Lucy 0., Ms wife, against JolmL. Hurt. The bill charges that on the 24th of September, 1872, Mrs. Nannie C. Hurt, the wife of John L. Hurt and sister of the plaintiff, departed this life without heirs of her body, leaving the said Lucy C. Jones her sole surviving heir at law. That as heir of their father, C. G. Clemmit, the said Lucy and Nannie were entitled to one-third of a tract of four hundred and twenty-one acres of land in the said county, the residue belonging…
1Opinion of the CourtBurks, J.
*346It is conceded that the late wife of the appellant (Hurt) was entitled in fee simple to an equal undivided sixth part of the four hundred and twenty-one acres of land in the bill and proceedings mentioned, and as confessedly she was never divested of the legal title in her lifetime, it is clear that at her death intestate, and without issue, it descended to the appellee Mrs. Jones, her sister and only heir at law. Upon this title it is that Jones and wife claim the one-sixth part of the land and bring their bill for partition.
The appellant, while admitting that the title at law may have…
2Cases cited2 opinions
- Clarkson v. ReadSupreme Court of Virginia · 1859
- Belton v. AppersonSupreme Court of Virginia · 1875
3Cited by34 opinions
- Hulvey v. HulveySupreme Court of Virginia · 1895
- Dobie v. Sears, Roebuck & Co.Supreme Court of Virginia · 1935
- Tennant v. DunlopSupreme Court of Virginia · 1899
- Langyher v. Patterson & BashSupreme Court of Virginia · 1883
- Va. Fire & Marine Ins. v. CottrellSupreme Court of Virginia · 1889
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