Report Of Cases Determined By The Supreme Court Of Appeals Of West Virginia Volume 65

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...constructively possessed of real estate. James W. Hartigan was in actual possession of the same as her tenant, under provisions of the divorce decree. He refused to surrender...

Paperback: 272 pages
Publisher: (September 13, 2013)
Language: English
ISBN-10: 1236772040
ISBN-13: 978-1236772046
Product Dimensions: 7.4 x 0.6 x 9.7 inches
Format: PDF ePub Text djvu book

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to the heirs of Mary V. Hartigan, claiming the right thereto as tenant by the curtesy. The heirs sought to oust him by an action of unlawful detainer, claiming that his curtesy right was terminated by the clause of the divorce decree recited above. The case was heard upon an agreed statement of the facts. The court, found in favor of the defendant and rendered judgment for him. The effect of that judgment is that James W. Ha.rtigan's Tight '"9 cllrtesy in the real estate was not cut off by the diverfie decree. Does the decree sever that right? This is the principal question for our consideration upon the writ of error to the judgment. At the common law a divorce a mensa, et thoro had I10 effect whatever "P011 curtesy or dower nor indeed upon any Of the marital rights of either party touching property. 2 Millvf'-5 Inst ('W1 ed) 121. And in Virginia such divorce has no m0r6 effefit than at the common law, in the absence of any order of court, in the sentence of divorce. to the contrarv. 2 Minor'&'TI1$t-132-The same is true in this state. Our statutes on the Subject are the same as those of Virginia. The jurisprudence of the two states in this behalf is the same. And in the Virginiils H divorce a mcnsa at thorn, with a decree of perpetllfll for by statutes precisely the same in the two states, is plainly defined as to its effect on curtesy or dower by Mr. Minor. "Such a decree of perpetual separation," says he, "has no effect upon the marital rights of the parties (nor consequently upon...