Higginbotham v. Cornwell
Supreme Court of Virginia
This was a suit instituted in the Circuit court of Monroe county on the 19th of January 1847, by Jane Higginbotham against William Cornwell. In her bill she charged that her late husband, Thomas Higginbotham, had, during their marriage, sold and conveyed to Cornwell a tract of land in the county of Monroe. That she had not united in the deed.
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This was a suit instituted in the Circuit court of Monroe county on the 19th of January 1847, by Jane Higginbotham against William Cornwell. In her bill she charged that her late husband, Thomas Higginbotham, had, during their marriage, sold and conveyed to Cornwell a tract of land in the county of Monroe. That she had not united in the deed. That Thomas Higginbotham died in 1846 ; and she was therefore entitled to dower in said land, which she prayed might be assigned to her. With her bill she exhibited the deed to Cornwell which bore date on the 4th of November 1807. In May 1847 Cornwell…
1Opinion of the CourtBaldwin, J.
It appears in this case from the testator’s will, that after charging his estate, real and personal, with the payment of his debts, he devised the same to his wife for life, with remainder to his children. Upwards of thirty years before the making of his will, he had sold and conveyed, with general warrauty, a tract of land to the appellee, but his wife did not unite in the conveyance. The sale and conveyance to the appellee are in no wise mentioned or alluded to in the will. Shortly after the testator’s death, this suit was brought by the appellant to recover her dower in the land so sold…
2Cited by11 opinions
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- Simpson v. NicolSupreme Court of Virginia · 1931
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