Gilkison v. Gore
West Virginia Supreme Court
Appeal from Circuit Court, Logan County. Suit by L. W. Gilkison against Eli Gore and others. Decree for defendant Eli Góre, and plaintiff appeals.
1Opinion of the Court
Miller, Judge:
When the facts are as assumed in the first point of the syllabus, the concrete ease presented, the husband on the death of the wife is entitled to curtesy not in the whole estate, but in the wife’s equity of redemption only, and if he redeems the land, as he may, by paying the lien debts, he stands in the shoes of the lien creditors, but with no greater rights. Under section 15, chapter 65, Barnes Code 1916, “If a married woman die seized of an estate of inheritance in lands, her husband shall be tenant by the curtesy in the same.” And by the last provision of said section it is…
2Cases cited5 opinions
- Guernsey v. LazearWest Virginia Supreme Court · 1902
- Hudkins v. CrimWest Virginia Supreme Court · 1908
- Campbell v. McBeeSupreme Court of Virginia · 1895
- Hoy v. VarnerSupreme Court of Virginia · 1902
- Banta v. SmithIndiana Court of Appeals · 1908
3Cited by1 opinion
- Wilmington Trust Co. v. BodenCourt of Chancery of Delaware · 1944