Norman's ex'x v. Cunningham & wife
Supreme Court of Virginia
In July 1749, James Tutt obtained from the proprietor of the Northern Neck, a warrant to survey a tract of waste and unappropriated land, of about four hundred acres, lying in that district of the State of Virginia. This warrant was directed to George Hume as the surveyor, and he was directed to return it with the survey before the 29th of the next September.
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In July 1749, James Tutt obtained from the proprietor of the Northern Neck, a warrant to survey a tract of waste and unappropriated land, of about four hundred acres, lying in that district of the State of Virginia. This warrant was directed to George Hume as the surveyor, and he was directed to return it with the survey before the 29th of the next September. By virtue of this warrant, Hume made a survey of a tract of four hundred and eighty acres, which is on file in the register’s office, but without date. James Tutt died iti 1789, never having taken any step, so far as appears, to obtain a…
1Opinion of the CourtDaniel, J.
This Court, in the case of Thornton v. Thornton, 3 Rand. 179, decided, that a conveyance to husband and wife, had precisely the same effect in laxo, as a grant to them, during the lives of both, and after the death of either, to the survivor alone. Upon the death of Mrs. Norxnan, therefore, it is clear that her husband Thomas Norman, by virtue of the patent issued to himself and wife in 1790, became invested with the legal title to the whole tract of land therein granted. An application, however, of the principles, announced in Countz v. Geiger, 1 Call 190, to the facts presented by the…
2Cases cited2 opinions
- Pierce v. FraceWashington Supreme Court · 1891
- Countz v. GeigerCourt of Appeals of Virginia · 1797
3Cited by3 opinions
- Dooley v. BaynesSupreme Court of Virginia · 1890
- Yancey v. RadfordSupreme Court of Virginia · 1890
- Lennartz v. Estate of PoppAppellate Court of Illinois · 1905