Arendall v. Arendall

Citations

• 119 Va. 1
• 89 S.E. 87
• 1916 Va. LEXIS 68

Syllabus

<p>1. Homestead&emdash;Setting Apart&emdash;Conclusiveness&emdash;Partition.&emdash;The assignment to a widow, at her instance, by a court of general jurisdiction,! of land of her husband as a homestead is conclusive upon her and those claiming under her that the land so assigned was the property of her husband and not of herself, and her holding of the homestead thereafter was in privity with and in subordination to the title of her husband, and upon her death the land descended to his heirs as coparceners, who are entitled to partition thereof.</p> <p>2. Judgments&emdash;Collateral Attack&emdash;Assignment of Homestead'.-&emdash;The assignment of a homestead is the exercise of the probate jurisdiction of the court. Its judgment imports verity and is not subject to collateral attack.</p>