Breeding v. Davis
Supreme Court of Virginia
Appeal from decree of circuit court of Pulaski county, rendered 2d November, 1882, in the.cause therein pending of A. J. Breeding, plaintiff, against Wm. H. Davis and als., defendants. Randolph Olark died 11th April, .1877, seized of real estate in said county, whereof sixty-nine acres descended upon his daughter, Eliza L., the wife of Hardin L. Orum. Of their marriage there was issue born alive.
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Appeal from decree of circuit court of Pulaski county, rendered 2d November, 1882, in the.cause therein pending of A. J. Breeding, plaintiff, against Wm. H. Davis and als., defendants. Randolph Olark died 11th April, .1877, seized of real estate in said county, whereof sixty-nine acres descended upon his daughter, Eliza L., the wife of Hardin L. Orum. Of their marriage there was issue born alive. In February, 1879, William H. Davis, a creditor of Orum, who was a non-resident of this state, brought an action at law against Orum to recover a debt of $122, and interest, had an order of…
1Opinion of the CourtLacy, J.
It is conceded that Hardin L. Crum had no other nor greater interest in the land of Randolph Clark than such as he might have acquired by marriage with his daughter, Eliza L. The appellees contend that by reason of the said marriage of the said Crum, he, having had children born alive of the marriage, was seized of a vested right of curtesy in the land of the wife, contingent upon her dying before him, which was curtesy initiate.
The appellant, on the other hand, contends that the act of the general assembly of Virginia passed April 4, ISTT, known as “the married woman’s act,” had set apart…
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